n.^.'L.'dU, 


Srom  t^e  fetfirarg  of 

(JprofeBBor  ^amuef  (gftiffer 

xx),  (^cmorg  <>f 

3w^5C  ^amuef  (ttXiffer  QSrecfttnrtbge 

^amuef  (Qtiffer  QSrecftintibge  &ong 

fo  f^e  £,i6rarg  of 

(princeton  C^eofogicaf  ^eminarg 


sec_ 


7^ 


A>V 


v^  \ 


r>   5 


3.    ma. 


ROMAN  ANTIQ,UITIES: 


ACCOUNT 


OF 


THE  MANNERS  AND  CUSTOMS 

OF  THE 

ROMANS: 

Respecting  theii- 

ttOTER^TMENT, 

DJtVOBSES, 

MAGISTRACY, 

FUNERALS, 

LAWS, 

WKIGIl TS  AND  MEASVBES, 

JUD  CIAX   PnOCEEDlNGS, 

COINS, 

RELiaiOW, 

METHOD  OF  WRITING, 

GAMES, 

HOCSES, 

MILITARY  AJfD  NAVAL  AFFAIRS, 

GARDENS, 

DRKSS, 

AGRICULTURE, 

IXEHCISES, 

CARHIAGES, 

BATBS, 

PUBLIC  BUILBIITGS,  &C.    CyC. 

HAnaiAQES, 

DESIGNED  CHIEFLY 

TO  ILLUSTRATE  THE  LATIN  CLASSICS, 

BV  EXPLAINING  WORDS  AND  PHRASES,  FROM  THE  RITES  AND  CUSTOMS 
TO  WHICH  THEY  REFER. 


y 


BY  ALEXANDER  ADAM,  LL.  D 

Rector  of  the  High  School  of  Edinburgh. 


SECOND  AMERICAN  EDITION. 


NEW- YORK: 


PUBLISHED  BY  E.  DUYCKINCK,  T.  A.  RONALDS,  S,  A.  BUBTU5;. 
AND  E.  F.  BACKUS,  ALBANY 

George  Long,  printer. 


1814, 


^^^^viiii^ 


PREFACE 


TO 


THE  FIRST  EDITION- 


'fl^OTHTNG  has  more  ens^asjed  the  attention  of  li 
•^  terary  men  since  the  revival  of  learning,  than  to 
trace  from  ancient  monuments  the  institutions  and 
Jaws,  the  religion,  the  manners,  and  customs  of  the 
Romans,  under  the  general  name  of  Roman  Antiqui- 
ties. This  branch  of  knowledge  is  not  only  curious 
in  itself,  but  absolutely  necessary  for  understanding 
the  Classics,  and  for  reading  with  advantage  the  histo- 
ry of  that  celebrated  people.  It  is  particularly  requi- 
site ff >r  such  as  prosecute  the  study  of  the  civil  law. 

Scarcely  on  any  subject  have  more  books  been  writ- 
ten, and  many  of  them  by  persons  of  distinguished 
abilities.     But  they  are,  for  the  most  part,  too  volu- 
minous to  be  generally  useful.     Hence  a  number  of 
abridgments  have  been  published ;  of  which  those  of 
Kennet  andNleuport  are  esteemed  the  best.     The  lat- 
ter  is  on  the  wdiole  better  adapted  than  the  former,  to 
illustrate  the  Classics  ;  but  being  written  in  Latin,  and 
^bounding  with  dirlicult  phrases,  is   not  fitted  for  the 
use  of  younger  students.     Besides,  it  contains  nothing 
concerning  the  laws  of  the  Roman^j,  or  the  buildings 


iv  PREFACE. 

of  the  city,  which  are  justly  reckoned  among  the  most 
valuable  parts  in  Kennet. 

On  these  accounts,  near  twenty  years  ago,  the  Com- 
piler of  the  following  pages  thought  of  framing  from 
both,  chiefly  from  Nieuport,  a  compendium  for  his  own 
use,  with  an  intention  to  print  it,  if  he  should  meet 
with  no  book  on  the  subject  to  his  mind.  But  he  soon 
perceived,  that  on  several  important  points,  he  could 
not  derive  from  either  the  satisfaction  he  wished.  He 
therefore  had  recourse  to  other  sources  of  information ; 
and  chiefly  to  the  Classics  themselves.  To  enumerate 
the  various  authors  he  has  consulted,  would  be  tedious 
and  useless.  It  is  sufficient  to  say,  that  he  has  borrow- 
ed witii  freedom,  from  all  hands,  whatever  he  judged 
fit  for  his  purpose,  tie  has  been  chiefly  indebted  to 
Manulius,  Brissonius,  and  Middlelon,  on  the  senate  ; 
to  Pignorius,  on  slaves;  to  Sigonms  and  Grucchius, 
Manidius,  Huber^  Gravina,  Mcrula,  and  Heineccius,  on 
the  assemblies  of  the  people,  the  rights  of  citizens,  the 
laws  and  judicial  proceedings  ;  to  Lipsius,  on  the  ma- 
gistrates, the  art  of  war,  shows  of  the  circus  and  gladi- 
ators; to  Sheffer,  on  naval  affairs  and  carriages;  to  Fer- 
rarius,  on  the  Roman  dress  ;  to  Kirchmannus,  on  fu- 
nerals ;  to  Arhilhnoty  on  coins  ;  to  Dickson,  on  agri- 
culture ;  to  Donatus,  on  the  city;  io  Tuniebus,  Abra- 
ham'ts,  RosinuSy  Salmasiiis,  Hotlomomannus,  GrceviuSy 
and  Gronovius,  Moiiffaucony  PitiscuSy  Ernesliy  and  par- 
ticularly to  GesneVy  in  difierent  parts  of  the  work. 

After  making  considerable  progress  in  this  under- 
taking, the  Compiler  found  the  execution  so  difficult, 
Ijiat  he  would  have  willingly  dropt  it,  could  he  have 


PREFACE.  V 

found  any  thinof  on  the  subject  to  answer  his  views. 
Accordingly  when  Mr.  Lempriere  did  him  the  favour 
to  communicate  his  desii^n  of  publishing  that  useful 
work,  the  Classical  Dictionary ,  he  used  the  freedom 
to  suggest  to  him  the  propriety  of  intermingling  with 
his  plan  a  description  of  Roman  Antiquities.  But  be- 
ing informed  by  that  Gentleman,  that  this  was  imprac- 
ticable, and  neeting  with  no  book  which  joined  the 
explanation  of  words  and  things  together,  he  resolved 
to  execute  his  original  intention.  It  is  now  above 
three  years  since  he  began  printing.  This  delay  has 
been  occasioned  partly  by  the  difficulty  of  the  work, 
and  making  various  alterations  and  additions;  partly 
also  by  a  solicitude  to  receive  the  remarks  of  some  gen- 
tlenjen  of  learning  and  taste,  on  whose  judgment  he 
could  rely,  who  have  been  so  obliging  as  to  read  over, 
witli  critical  attention,  the  sheets  as  they  were  printed. 
After  finishing  what  relates  to  the  laws  and  judicial 
proceedings,  the  Compiler  proposed  publishing  that 
part  by  itself,  with  a  kind  of  syllabus  of  the  other  parts 
subjoined  ;  that  he  might  have  leisure  to  reprint,  with 
improvements,  a  Summaiy  of  Geography  and  Histo- 
ry, which  he  composed  a  few  years  ago,  for  the  use  of 
his  scholars.  But  after  giving  an  account  of  the  deities 
and  religious  rites  in  this  cursory  manner,  and  with- 
out cjuoting  authorities,  he  was  induced,  by  the  ad- 
vice of  friends,  to  relinquish  that  design,  and  to  post- 
pone other  objects,  till  he  should  bring  the  present  per- 
formance to  a  conclusion.  Although  he  has  all  along 
studied  brevity,  as  much  as  a  regard  to  perspicuity 


vi  PREFACE. 

ivould  admit,  the  book  lias  swelled  to  a  much  greatei 
size  than  at  first  he  imagined. 

The  labour  he  has  undergone,  can  be  conceived  by 
those  only  who  have  been  conversant  in  such  studies. 
But  he  will  think  his  pains  well  bestowed,  if  his  work 
answer  the  end  intended,  to  facilitate  the  acquisition  of 
classical  learning.  He  has  done  every  thing  in  his 
power  to  render  it  useful.  He  has  endeavoured  to 
give  a  just  view  of  the  constitution  of  the  Roman  go- 
vernment, and  to  point  out  the  principal  causes  of  the 
various  changes  which  it  underwent.  This  part,  it  is 
hoped,  will  be  found  calculated  to  impress  on  the 
minds  of  youth  just  sentiments  of  government  in  gene- 
ral, by  showing  on  the  one  hand  the  pernicious  effects 
of  aristocratic  domination  ;  and  on  the  other,  the  still 
more  hurtful  consequences  of  den)ocratical  licentious^ 
ness,  and  oligarchic  tyranny. 

But  it  is  needless  to  point  out  what  hasbeen  attempt- 
ed in  particular  parts  ;  as  it  has  been  the  Compiler's 
great  aim  throughout  the  whole  to  convey  as  much 
useful  information  as  possible  within  the  limits Jie  has 
prescribed  to  himself.  Although  very  few  things  are 
advanced  without  classical  authority,  yet  in  so  exten- 
sive a  field,  and  amidst  such  diversity  of  opinions,  he 
no  doubt  may  have  falle»  into  mistakes.  These  he 
shall  esteem  it  the  highest  favour  to  have  pointed  out 
to  him  ;  and  he  earnestly  entreats  the  assistance  of  the 
encouragers  of  learning,  to  enable  him  to  render  his 
work  more  useful.  He  has  submitted  his  plan  to  the 
best  judges,  aad  it  has  uniformly  met  with  their  appro 
bation. 


PREFACE. 


Ml 


It  may  perbaps  be  tbouojbt,  that  5n  some  places  be 
has  quoted  too  many  authorities.  But  he  is  coniidcnt 
no  one  will  think  so,  who  takes  the  trouble  to  examine 
them  This  he  esteems  the  most  valuable  part  of  the 
book.  It  has  at  least  been  the  m(ist  laborious.  A 
work  of  this  kind,  he  imagines,  if  properly  executed, 
might  be  made  to  serve  as  a  kci/  to  all  the  classics,  and 
in  some  degree  supersede  the  use  of  large  annotations 
and  commentaries  on  the  different  authors  ;  which, 
when  the  same  customs  are  alluded  to,  will  generally 
be  found  to  contain  little  else  but  a  repetition  of  the 
same  things. 

As  the  work  is  not  divided  into  books  and  chapters, 
the  table  of  Contents,  it  is  hoped,  will  supply  that  defi- 
ciency. 

The  Compiler  has  now  in  a  great  measure  complet- 
ed, what  above  twenty  years  ago  he  conceived  to  be 
"wanting  in  the  common  plan  of  education  in  this  conn- 
try.  His  first  attempt  was  to  connect  the  study  of  La- 
tin grammar  with  that  of  the  English ;  which  was  ap- 
proved of  by  some  of  the  first  literary  characters  then 
in  the  kingdom.  It  is  sufficient  to  mention  Mr.  Har- 
ris and  Dr.  Lowth.  He  has  since  contrived,  by  a  new 
but  natural  arrangement,  to  include  in  the  same  book  a 
vocabulary,  not  only  of  the  simple  and  primitive  words 
in  the  Latin  tongue,  but  also  of  the  most  common  de- 
rivatives and  compounds,  with  an  explanation  of  phra- 
ses and  of  tropes.  His  next  attempt  was  to  join  the 
knowledge  of  ancient  and  modern  geography,  and  the 
principles  of  history,  with  the  study  of  the  classics. 
And  now  he  has  endeavoured  to  explain  difficult  wordq 


viii  PREFACE, 

and  phrases  in  the  Roman  authors,  from  the  customs 
to  which  they  refer.  How  far  he  has  succeeded  in  the 
execution,  he  must  leave  others  to  judge.  He  can  only 
say,  that  what  he  has  written  has  proceeded  from  the 
purest  desire  to  promote  the  improvement  of  youth ; 
and  that  he  should  never  have  thought  of  troubling 
the  world  with  his  publications,  if  he  could  have  found, 
on  any  of  the  subjects  he  has  treated,  a  book  adapted 
to  his  purpose.  He  has  attained  his  end,  if  he  has  put 
it  in  the  power  of  the  teacher  to  convey  instructiou 
with  more  ease,  and  in  a  shorter  time  ;  and  of  the 
learner,  to  procure,  with  greater  facility,  instruction 
for  himself.  He  has  laboured  long  in  the  education 
of  youth,  and  wished  to  shew  himself  not  unworthy  of 
the  confidence  reposed  in  him  by  the  public.  His 
chief  enjoyment  in  life  has  arisen  from  the  acquisition 
and  communication  of  useful  knowledge  ;  and  he  can 
truly  say  with  Seneca,  Si  cum  hac  exceptione  detur  sa- 
pientia,  ut  illam  indusam  teneamy  nee  emuiciemf  rejiciam, 
Ep.  6. 

Edinburgh,   ^ 
April  1791.  J 


ADVERTISEMENT 


TO  THE 


I 


SECOND  EDITION. 


rf^HE  Compiler  has  felt  much  satisfaction  from  tlie 
-*-  favourable  reception  his  performance  has  met  with. 
He  has,  in  particular,  been  highly  gratified  by  the  ap- 
probation of  several  of  the  mastei-s  of  the  great  schools 
in  England,  and  of  the  professors  in  the  universities  of 
both  kingdoms.  The  obliging  communications  he  has 
received  from  them,  and  from  other  gentlemen  of  the 
first  character  for  classical  learning,  he  will  ever  re- 
member with  gratitude-  Stimulated  by  such  encou- 
ragement, he  has  exerted  his  utmost  industry  to  improve 
this  edition.  The  numerous  facts  and  authorities  he 
has  added  will  shew  the  pains  he  has  bestowed.  The 
Index  of  Latin  words  and  phrases  is  considerably  en- 
larged :  and  an  Index  of  proper  names  and  things  is 
subjoined  ;  for  suggesting  the  utility  of  which,  he  is  in- 
debted to  the  authors  of  the  Analytical  Review. 

There  are  several  branches  of  his  subject  which  still 
remain  to  be  discussed,  and  in  those  he  has  treated  of, 
he  has  been  obliged  to  suppress  many  particulars,  for 
fear  of  swelling  his  book  to  too  gteat  a  size.  It  has 
therefore  been  suggested  to  him,  that  to  render  this 
work  more  generally  useful,  it  ought  to  be  printed  in 
two  different  forms ;  in  a  smaller  size,  for  the  use  of 
schools,  and  in  a  larger  form,  with  additional  observa- 
tions and  plates,  for  the  use  of  more  advanced  students. 
This,  if  he  find  it  agreeable  to  tlie  public,  he  shall  en 
deavourto  execute  to  the  best  of  his  ability  ;  but  i* 

R 


±  ADVERTISEMENT. 

m\i  st  be  a  work  of  time  ;  and  he  is  now  obliged  to  di- 
rect his  attention  to  other  objects,  which  he  considers 
of  no  less  importance. 

As  several  of  the  Classics,  both  Greek  and  Latin, 
are  differently  divided  by  diflerent  editors,  it  will  be 
proper  to  mention  what  editions  of  these  have  been  fol- 
lowed in  the  quotations :  Casai\  by  Clarke^  or  in  usum 
Delphini  ;  Pliny ^  by  Brotier  ;  Quinctilian  and  th6  wri- 
ters on  husbandry,  by  Grsner  ;  Pelronius  Arbiter^  by 
Burmannus  ;  Dionysius  of  Halicarnassus,  by  Reiske  ; 
Phdarcli's  Morals^  by  Xylander  ;  and  Dio  Cassius^  by 
Reimarus.  It  is  needless  to  mention  the  editions  of  such 
authors  as  are  always  divided  in  the  same  manner* 
Those  not  divided  into  chapters,  as  Appian,  Strabo, 
Plutarch's  JLives,  SCc,  are  quoted  by  books  and  pages, 

Edinburgh^  ) 

May  2lk  1792,  « 


CONTENTS. 


»«c 


Page 

FOUNDATION  of  Rome,    -        .        =        ,        .  1 

Divisionof  its  Inhabitants, ib. 

I.  SENATE  and  Patricians,        -        -        -        -  2 

Badges  of  Senators,      -        -        -        -        -        -  7 

Consultation  of  the  Senate,  -        .        -        -        -  II 

Dt;crees  of  the  Senate, 16 

Powerof  the  Senate,             21 

II.  EQUITES,         .        -        .        -        .        -        -  28 
HI.  PLEBEIANS,  -        .        -        .        .        .        .31 

P-.jtrons  and  Clients,     .        -        -        -        -        -  32 

Nabiles  H  L^nobiles^     ----■>.  33 

Gentes  et  Familiar       -        -        -        -        .        -  34 

Names  of  the  Romans,         -        -        .        .        -  35 

Ingertui  et  Liber tini^              -        -        -        -        -  37 

IV.  SLAVES, 38 

RIGHTS  of  Roman  Citizens,       -        .        -        -    46 

I.  PRIVATE  RIGHTS,  ,       ....    48 

1.  Right  of  liberty,        -        ...        -        ."ib, 

2.  of  family,        ......    50 

3. of  marriage, ib. 

4. of  a  father,       -----        ,    51 

Ernancipation  and  adoption,      .        »        .        -    52 
5.  Right  of  property,     -        -        -        -        .        ^53 

of  testament, 61 

of  wardship,     -        -        r        -        »        -   67 

II.  PUBJ.IC  RIGHTS,     ,  .  -  6a 


%ii  CONTENTS" 

Page 

Jus  Lath,           •.        -        -        -        --  -72 

— Italicum,      ---,---74 

S'afe  of  the  provinces,  -        -        -        -        »  -   75 

municipal  towns,  colonies,  &c.  -        -  -   77 

foreigners,        -        --        -        -  -81 

COMITIA,  or  assemblies  of  the  people,      -        -  -   82 

1.  Comitia  Curiata,        -        -        -        -        -  -   83 

2' —'Centuriatay   - 85 

3.  — Tributa,       -        »        .        -        -  103 

MAGISTRATES,     - 109 

Kings,    -        -„-»---  114 

I.  ORDINARY  MAGISTRATES.   - 

1.  Consuls,    -        -        -        -        -        -        -  116 

2.  Praetors,     -        -        -        -        -        -        -  128 

3.  Censors,    -------  136 

4.  Tribunes,          -        ■=        -        -        -        -  144 

5.  iEdiles, 152 

6.  Quaestors,  .-„.-»  154 
Other  ordinary  magistrates,  -  -  -  -  158 
New  ordinary  magistrates  under  the  Emperors,  -  159 

II.  EXTRAORDINARY  MAGISTRATES. 

1.  Dictator,  and  master  of  the  horse,        -        -  162 

2.  Decemviri^         ~ 166 

3.  Military  Tribunes, 168 

4.  InterreXy          -         -----  169 

Otht^r  extraordinary  magistrates,        -        -        -  ib. 

III.  PROVINCIAL  MAGISTRATES.    -       -  ib. 

1. Under  the  republic,    -        -        -        -  ib. 

2. Under  the  Emperors,         -        -        -  176 

Re -establishment  of  Monarchy  under  the  Emperors,  179 

Public  servants  of  the  Magistrates,      -       -       -  188 


# 


CONTENTS,                 '^^  xui 

Page 

LAWS  OF  THE  ROMANS,    ...       -  192 

Jus  et  Lexy 194« 

Lavvsofthe  Twelve  Tables,    -        -        -        .  198 

Origin  of  lawyers, 200 

Consultation  of  lawyers,          -        -        -        .  201 

Lawyers  under  the  Emperors,         -        -        -  202 

Laws  made  at  different  times,         -        .        ,  204. 

Laws  of  the  Emperors,           -        -        .        .  238 

Corpus  Juris,      ------  240 

JUDICIAL  PROCEEDINGS. 

I.  CIVIL  TRIALS,    .--..-  241 

1.  Summoning  to  court,         -        -        ,        -  242 

2.  Requesting  a  writ, 243 

3.  Different  actions,        -----  245 

4.  Appointment  ofJudiceSt    -        -        -        -  262 

5.  Form  of  trial,     ------  264 

6.  Judgment,          - 266 

7.  Consequences  of  a  sentence,       -        -        -  267 
JL  CRIMINAL  TRIALS,         -        ...  270 

Before  the  people,          -        -        -        -  ib. 

Before  inquisitors,         -        -        -        -  274 

Before  the  Praetors,       -        -        -       -  ib. 

1.  Choice  of  a  jury, 275 

2.  The  accuser,     -        -        -        -        -        -  277 

3.  The  accusation, 27S 

4.  Trial  and  sentence, 280 

5-  Punishments, 290 

RELIGION  of  the  ROMANS. 

Deities. 

1-  Dii  majorum  gentium,        -        -        -        -  293 

%DiiSelecth        -.      ..      -       -       -       -  302 


xiv  CpNTENTS. 

Page 

3.  Dii  minorum  gentium^        .        -        -        .  3O6 

II.  Ministers  OF.  Religion,    -        -        -        .  310 

III.  Places  of  Worship,  and  Religious  Rites,  343 

The  Roman  Year,     -        .        -        -        „  352 

Division  of  Days,           -        -        -        .        »  359 

Roman  Festivals,     -       ,        -       -        »  ib. 

ROMAN  GAMES,        -       -  365 

1.  Games  and  shows  of  the  Circus,        -        -  ib. 

2.  Gladiators,         -        -        -        -        -        -  371 

3.  Stage  plays, 379 

MILITARY  AFFAIRS. 

1.  Levying  of  Soldiers, 389 

2-  Division  of  troops ;  their  arms,  officers,  and 

dress, 395 

3.  Discipline  of  the  Romans  ;  their  Marches  and 

Encampments,        -        -        -        -        -  401 

4.  Order  of  Battle,  and  diiferent  Standards,    -  408 

5.  Military  rewards, 415 

6.  A  triumph, -  418 

7.  Military  punishments,  -  .  -  .  423 
8-  Military  pay  and  discharge,  ,  -  =  424 
9.  Attack  and  Defence  of  towns,    -        -  426 

NAVAL  AFFAIRS  of  the  Romans,    -       -       -  430 

CUSTOMS  of  the  ROMANS. 

I.  Dress, 445 

II.  Entertainments, 469 

Posture  at  meals, 472 

Couches,       -----.-  ib. 

Tables,          ------.  475 


CONTENTS. 


XV 


Page 

Exercises, 473 

Baths, 480 

Favourite  dishes, 486 

Wines, 492 

Cups, -        .        .  495 

Private  games, 497 

III.  Marriage,  .  .  a  .  .  .  499 
Divorce, 509 

IV.  Funerals, 512 

WEIGHTS  and  COINS,  .  -  -  ...  534 
Computation  of  money,  .  .  .  .  540 
of  interest,          -        .        .        ,  545 


MEASURES  of  LENGTH,      - 

— ■• of  Capacity,     -        .        - 

Method  of  WRITING,    - 

Libraries,  -        -        - 

HOUSES  of  the  ROMANS, 

Spinning  and  weaving,    -        -        - 

Chimneysand  windows, - 
Villas  and  Gardens, 
AGRICULTURE,     .       .       „       . 

Propagation  of  trees,        .        ,        = 
CARRL^GES,    .       .       -       .       . 
DIVISIONS  of  the  CITY, 
PUBLIC  BUILDINGS,     - 

1.  Temples,    ----<. 

2.  Places  of  amusement  anAexercise, 

3.  Curiae, 

4.  Fora,  .        -        .        .        - 
5'  Porticos,      -        .        -        '        « 

-  6.  Columns,    -        -        -        -        - 
7,  Triumphal  arches.       


548 
550 
551 
563 
565 
569 
575 
578 
581 
594 
599 
612 
616 

ib; 

620 
621 

ib. 

625 
624 
62'^ 


xvi  CONTENTS. 

Page 

8.  Trophies,    -------  626 

9.  Aquaeducts,         ----=--  627 
10-  Cloaca,       -        -       ~        -        -        -       -  628 

11.  Public  ways,       ------  f-^.9 

12.  Bridges,       -        ^       -----  632 
JLiMiTs  oftheEMiPiRE^          .        -       -               ^  635 


SUMMARY 


OF 


ROMAN  ANTIQUITIES. 


The  Foundation  of  the  City,  and  Division  of  its 
Inhabitants. 

ROME  was  founded  by  Romulus  and  a  colony  from 
Alba  Longa^  753  years,  as  it  is  commonly  thought, 
before  tjie  birih  of  Christ.  They  began  to  build  on 
the  21stday  of  April,  which  was  called  Palilia^  from  Pales, 
Xht  goddess  of  shepherds,  to  whom  it  wys  consecrated,  and 
was  ever  after  held  as  a  festival ;  indies  natalis  urbis  Romce.^ 
Veil  Patera,  i.  8.  Ovid.  Fast.  iv.  806. 

Romulus  divided  the  people  of  Rome  into  three  TRIBES ; 
and  each  tribe  into  ten  CURI^.  The  number  of  tribes 
was  afterwards  increased  by  degrees  to  thirty-five.  They 
were  divided  into  country  and  city  tribes,  {.rustiae  et  urba- 
71  iff)  The  number  of  the  cz/r/>  always  remained  the  same. 
Each  curia  anciently  had  a  chapel  or  temple  for  the  per- 
formance of  sacred  rites,  Farj\  de  Lat.  ling,  iv.  32.  Tacit. 
Ann.  xii.  24-.  Dionys.  ii.  23.  He  who  presided  over  one 
curia  was  called  Curio,  {.quia  sacra  curabat^  Festus^  ;  he, 
who  presided  over  them  all,  CurioMaximus. 

From  each  tribe  Romulus  chose  1000  foot  soldiers, 
and  100  horse.  These  3000  foot  and  300  horse  were  called 
LEGIO,  a  legion,  because  the  most  warlike  were  chosen, 
Plutarcl^in  Bomulo :  Hence  one  of  the  thousand  which 
each  tribe  furnished  was  called  Miles,  Varro  de  Lat: ling. 
iv.  16  {unus  ex  millie'),  Isidor.  ix.  3.  The  commander  of  a 
tribe  was  called  Tribunus,  (<pt>><»^jc°''^  vel  T§iTva^x'>s-)  Dionys^ 
ii.  7.  Feget.  ii.  7. 

The  whole  territory  of  Rome,  then  very  small,  was  also 
divided  into  three  parts,  but  not  equaL  One  p^rt  was  aHQty- 


T 


s>  ROMAN  ANTIQUITIES. 

ted  for  the  service  of  religion,  and  for  building  temples;  an- 
other,  for  the  king's  revenue,  and  the  uses  of  the  state  ;  the 
third,  and  most  considerable  part,  was  divided  into  thirty 
portions,  to  answer  to  the  thirty  curise,  Dionj/s.  ii.  7. 

The  people  were  divided  into  two  ranks  {ordines)^  PA- 
TRICIANS and  PLEBEIANS  ;  connected  together  as 
PATRONS  and  CLIENTS,  Dionys.  ii.  9.  In  after  times, 
a  third  order  was  added,  namely,  the  EQUITES. 

The  SENATE. 

1.  The  Institution  and  Number  of  the  Senate, 

HE  Senate  was  instituted  by  Romulus,  to  be  the  perpe- 
tual council  of  the  Republic,  ^Consilium  reipublicte 
sempiternuniy  Cic.  pro  Sextio^  65.)  It  consisted  at  first  only 
of  100.  They  were  chosen  from  among  the  Patricians ;  ac- ' 
cording  to  Dionysius  oi  Halicarnassiis,  ii.  12.  three  were  no- 
jTiinated  bj'^  each  tribe,  and  three  by  each  curia.  To  these 
ninety-nine  Romulus  himself  added  one,  to  preside  in  the  se- 
nate,  and  have  the  care  of  the  city  in  his  absence.  The  sena- 
tors were  called  PATRES,  either  upon  account  of  their  age, 
or  their  paternal  care  of  the  state  ;  certainly  out  of  respect  i 
■Iav.  i.  8.  and  their  offspring,  PATRICII ;  (  Q_ui  patrem  ciere 
possent,  i.  e.  ingemd,  Liv.  x.  8.  Dionys.  ii.  8.  Festus.)  After 
the  Sabines  were  assumed  into  the  city,  another  hundred  was 
chosen  from  them,  by  the  sulTrages  of  the  ciirice,  Dionys.  ii. 
47.  But,  according  to  Livy,  there  were  only  100  senators  at 
the  death  of  Romulus,  and  their  number  was  increased  by 
Tullus  Hostilius,  after  the  destruction  of  Alba,  i.  17.  &  30. 
Tarquinius  Priscus,  the  fifth  king  of  Rome,  added  100  more, 
who  were  called  PATRES  MINORUM  GENTIUM. 
Those  created  by  Romulus,  were  called  PATRES  MA 
JORUM  GENTIUM,  lacit.  Annal.  xi.  25.  and  their  pos- 
terity, Patricii  Major um  Gentium,  This  number  of  300 
continued  with  small  variation,  to  the  times  of  Sylla,  who 
increased  it ;  but  how  many  he  added  is  uncertain.  It  ap- 
pears there  were  at  least  above  400,  Cic.  ad  Attic,  i.  14. 

In  the  time  of  Julius  Cassar,  the  number  of  senators  waf: 
increased  to  900,  Bio.  xliii.  47.  and  after  his  death  to  1000; 
many  worthless  persons  having  been  admitted  into  the  se- 


7%^  Senate.  5 

iiate  during  the  civil  wars.  Id.  lii.  42.  one  of  whom  is  called 
by  Cicero  sdi-choscn,  Qcctiis  ipse  a  .?<?),  Phil.  xiii.  13.  But 
Augustus  reduced  the  number  to  600,  Suet.  Aug.  2>5.  Dio. 
liv.  14. 

Such  as  were  chosen  into  the  senate  by  Brutus,  after  the 
expulsion  of  Tarquin  the  Proud,  to  supply  the  place  of  those 
whom  that  king  had  slain,  were  called  CGNSCRIPTI,  i.  e, 
persons  written  or  enrolled  together  with  the  old  senators, 
who  alone  were  properly  styled  Patres.  Hence  the  custom 
of  summoning  to  the  senate  those  who  were  Patres^  and 
who  were  Conscript! ;  iita  appellabant  in  novum  senatum 
lectos,  Liv.  ii.  1.)  Hence  also  the  name  Patres  Conscripti 
(sc.  et)  was  afterwards  usually  applied  to  all  the  senators. 

2.  The  Chusing  of  Senators, 

PERSONS  were  chosen  mto  the  senate,  iSe^mfus  legeba- 
tur^  Liv.  xl.  51.  vel  in  senatum  legebantur^  Cic.  Cluent. 
47.)  first  by  the  kings,  Liv.  i.  8.  xxx.  35.  and  after  their  ex- 
pulsion, by  the  consuls,  Lw.  ji.  1 .  and  by  the  military  tribunes, 
Festus  in  Prceteriti  Senatores  ;  but  from  the  year  of  the  city 
310,  by  the  censors:  at  first  only  from  the  Patricians,  but 
afterwards  also  from  the  Plebeians.  -  Liv.  ii.  32.  v.  12. 
chiefly  however  from  the  Equites  :  whence  that  order  was 
called  Seminarium  Senates.,  Liv.  xlii.  61. 

Some  think  that  the  senate  was  supplied  from  tlie  annual 
magistrates,  chosen  by  the  people,  all  of  whom  had  of  course 
admittance  into  the  senate;  but  that  their  senatorial  charac- 
ter was  not  esteemed  complete,  till  they  were  inroUed  by  the 
censors  at  the  next  Lustrum  ;  at  which  time  also  the  most 
eminent  private  citizens  were  added  to  complete  the  num- 
ber.    See  Middleton  on  the  Roman  Senate. 

After  the  overthrow^  at  the  battle  of  Cannje,  a  Dictator 
was  created  for  chusing  the  senate,  Zfy.  xxiii.  22.  i\.fter  the 
subversion  of  liberty,  the  Emperors  confeiTed  the  dignity  of 
a  senator  on  whom  they  thought  fit.  Augustus  created  three 
men  to  chuse  the  senate,  and  other  three  to  review  the  Equi- 
iesy  in  place  of  the  censors,  Suet.  Aug.  37.  Dio.  Iv.  13. 

He  whose  name  was  first  entered  in  the  censor's  books, 
was  called  PRTNCEPS  SEN  ATUS,  which  title  used  to  be 
given  to  the  person  who  of  those  alive  had  been  censor  fijst. 


4  ROMAN  ANTIQUITIES. 

iquiprimus censor^  ex  lisqui  viverent/uisset.Liv.'iiXVii.ll.J 
but  alter  the  year  544,  to  him  whom  ihe  censors  thought 
most  worthy,  Ltv.  xxvii.  13.  This  dignity,  although  it  confer- 
red no  command  or  emolument,  was  esteemed  the  very 
highest,  and  was  usually  retained  for  life,  Liv.  xxxiv.  44. 
xxxix.  52.  It  is  called  Principatus;  and  hence  afterwards 
the  Emperor  was  named  Prmcep.?,  which  word  properly  de- 
notes only  rank,  and  not  power. 

In  chusing  senators,  regard  was  had  not  only  to  tlieir  rank, 
but  also  to  their  age  and  fortune. 

The  age  at  which  one  might  be  chosen  a  senator  C^tas 
SENATORiA)is not  Sufficiently  ascertained ;  although  il  ap- 
pears that  there  was  a  certain  age  requisite,  Cic  cle  lege  Ma- 
nil.  21.  Tacit,  jinn.  xv.  28.  Anciently  senators  seem  to 
have  been  nen  advanced  in  years,  as  their  name  imports,  iSa/- 
iust.  Cat.  6.  Cic.  de  Sen.  6.  Ovid.  Fust.  v.  6S.  Fior,  i.  15. 
But  in  I  fter  times  the  case  was  otherwise.  It  seems  probable, 
however,  that  the  age  required  for  a  senator  was  not  below 
thirty;  from  certain  laws  given  to  foreign  nations,  at  different 
times*  in  imitation  of  the  Romans,  Cic.  in  Verr.  ii.  49. 
Flin.  ad.  Traj.  Ep.  x.  83.  for  there  is  no  positive  assertion 
on  this  subject  in  the  classics. 

The  first  civil  office  which  gave  one  admission  into  the  se- 
nate was  the  Quaestorship,  which  some  have  imagined  might 
be  enjoyed  at  twenty-five,  and  consequently  that  one  might 
then  be  chosen  a  senator;  from  Dion  Cassius,  lii.  20.  Others 
think  at  twenty-seven,  on  the  authority  of  Poly  bius^  vi.  17. 
who  says,  that  the  Romans  were  obliged  to  serve  ten  years 
in  the  army,  before  they  could  pretend  to  any  civil  magistracy; 
and  as  the  military  age  was  seventeen,  of  consequence  that 
one  might  be  made  qurestor  at  twenty-seven.  But  few  ob- 
tained that  office  so  early ;  and  Cicero,  who  often  boasts  that 
he  had  acquired  all  the  honours  of  the  city,  without  a  re- 
pulse in  any,  and  each  in  his  proper  year,  {suo  anno),  or  as 
soon  as  he  could  pretend  to  it  by  law,  had  passed  his  thirtieth 
year  before  he  obtained  the  quaistorship,  which  he  adminis- 
tered the  year  following  in  Sicily.  So  that  the  usual  age  of 
enjoying  the  qusestorship,  (.c^tas  qtitestoria,')  and  of  courseof 
being  chosen  a  senator,  in  the  time  of  Cicero,  seems  to  havf; 
been  thirty. onr 


The  SjENATE.  5 

But  ahhoiigli  a  person  had  enjoyed  the  quae  storship,  he  did 
not  on  thvit  account  become  a  senator,  unless  he  was  chosen 
into  that  order  by  the  censors,  Gell.  iii.  18.  But  he  had 
ever  after  the  right  of  coming  into  the  senate,  and  of  giving 
his  opinion  on  anj'  question,  Cic.  w  Verr.  v.  14.  Ep.  ad  Fam. 
ii.  7.  About  this,  however,  writers  are  not  agreed.  It  is 
at  least  certain,  that  there  were  some  offices  which  gave  per- 
sons ;i  legal  title  to  be  chosen  into  the  senate,  {unde  iri  sena- 
tum  legi  debcrent^  Lw.  xxii.  49.  Hence  perhaps  the  sena- 
tors are  sometimes  said  to  have  been  chosen  by  the  people, 
Uectijussu  poptdi,)  JJv.  iv.  4.  Cic.  pro  Sext.  65.  And  Ci- 
cero often  in  his  orations  declares,  that  he  owed  his  seat  iu 
the  senate,  as  well  as  his  other  honours,  to  the  favour  of  the 
people,  post  red.  in  Senat.  1.  He  asserts  the  same  thing  in 
general  terms,  in  Verr.  iv.  11.  pro  Cluent.  S^. 

Persons  also  procured  admission  into  the  senate  by  mili- 
tary service,  Sanatorium  per  militiam  auspicabanturgradum, 
Senec.  Ep.  47.     So  Eiv.  xxiii.  23. 

When  Sylla,  after  the  destruction  occasioned  by  his  civil 
wars  and  proscriptions,  thought  proper  to  admit  into  the  se- 
nate about  300  Equites,  he  allowed  the  people  to  give  their 
vote  concerning  each  of  them  in  an  assembly  by  tribes,  Ap~ 
pian.de  bell.civ.vi.  413.  But Dionysius says, that  Syllasup- 
plied  thcsenate  with  any  persons  that  occurred  to  him,  v.  77. 
and  probably  admitted  some  of  the  lowest  rank,  Dio.  xl.  63. 

The  Flamen  of  Jupiter  had  a  seat  in  the  senate,  in  right 
of  his  office,  Liv.  xxvii.  8.  a  privilege  which  none  of  the. 
other  priests  enjoyed,  Cic.  Att.  iv.  2. 

Augustus  granted  to  the  sons  of  senators,  after  they  as- 
sumed  the  manly  gown,  the  right  of  wearing  the  /atus  ciavus, 
and  of  being  present  at  the  debates  of  the  senate,  that  thus 
they  might  become  the  sooner  acquainted  with  public  affairs, 
{quo  celerius  reipiihlic^ assuescerent')^  Suet.  Aug.  38.  They 
also  had  the  privilege  of  wearing  the  crescent  on  their  shoes, 
Stat.  Sylv.  V.  2.  28. 

No  one  could  be  chosen  into  the  senate  who  had  exercised 
a  low  trade,  or  ^vllose  father  had  been  a  slave,  Qibertino  patre 
natiis,  Horat.  Sat.  1.  6. 21.  &  44.) ;  but  this  was  not  always 
observed.  Appius  Claudius Cascus firstdisgraced(m^7^z«flu?V 
vel  deform  nvit)i\\e  senate,  by  electing  into  it  the  sonsof  freed- 


G  ROMAN  ANTIQUITIES. 

men,  (liberfinorum  filiis  lectis)^  Liv.  ix.  29,  46.  or  the 
grandsons,  according  to  Suetonius,  who  says,  that  libertini,  in 
the  time  of  Appius,did  not  denote  those  who  Vv^ere  freed,  but 
iheiY-^vo^^\\y^{ingenuosexhisp7'ocreatos,)Sutt.  Claud  24.  a 
distinction  which  no  v/here  occurs  in  the  classics.  Sex. 
Aur.  Victorcalls  those  chosen  by  Appius,LiBERTiNi ;  de 
vir>  ilhist.  34.  But  no  body  regarded  that  election,  whatever 
it  was,  as  valid,  Liv.  ix.  46.  and  the  next  consuls  ci  lle('  the 
senate  in  the  order  of  the  roll,  which  had  been  in  use  before 
the  censorship  of  Appius,  Ibid.  30.  It  appears,  however,  that 
freed-men  were  admitted  into  the  senate,  at  least  tovvards 
the  end  of  the  republic.  For  Dion  Gassius,  speaking  of  the 
censorship  of  Appius  Claudius,  and  Piso,  the  father-in-law 
of  Cassar,  A.  U.  704,  says,  that  Appius  excluded  not  only 
all  freed-men(<i^£A£j;ecf  o<),but  also  many  noblemen,  and  among 
the  rest  Sallust,  the  historian,  xl.  63.  for  having  been  engag- 
ed in  an  intrigue  with  Fausta,  the  daughter  of  Sylla  and  wife 
of  Milo,  {a  quo  deprehensus.,  virgis  casus  emtj  ;  Gell.  xvii. 
18.  Serv.  in  Firg.  JFin,  vi.  612.  Acron,  in  Horat.  Sat.  i.  2, 
41.  Cresar  admitted  into  the  senate  not  only  his  officers,  Z)zo. 
xlii.  51.  buteven  his  mercenary  soldiers.  Id,  xliii.  20.  xlviii. 
22.  Hi.  25,  &.  42.  all  of  whom  Augustus  removed.  Ibid,  at 
which  time  he  was  so  apprehensive  of  danger,  that  when  he 
presided  in  the  senate,  he  always  wore  a  coat  of  mail  under 
his  robe,  and  a  sword,  with  ten  of  the  stoutest  of  his  senato- 
rian  friends  standing  round  his  chair,  Sutt.  Aug.  35. 

In  the  year  of  Rome  535,  a  law  was  made  that  no  sena- 
tor, or  father  of  a  senator,  should  keep  a  bark  above  the 
burden  of  300  amphora,  or  eiglit  tons  ;  for  this  was  reck- 
oned sufficient  to  carry  their  grain  from  their  farms,  and  it 
seemed  below  a  senator  to  reap  advantage  by  merchandise, 
Liv.  xxi.  63.  Cic.  in  Verr.  v.  18. 

Anciently  no  regard'  seems  to  have  been  paid  to  the  for- 
tune (census)  of  a  senator,  Plin.  xiv.  1.  and  when  it  was 
first  fixed  does  not  appear.  But  in  the  flourishing  state  of 
the  republic,  as  we  learn  from  Suetonius,  it  behoved  every 
senator  to  have  at  least  eight  hundred  sestertia,  or  800,000 
sestertiiy  which  are  computed  to  amount  to  between  six  and 
seven  thousand  pounds  sterling ;  not  annually,  but  for  their 
^vhole  fortune.  Augustus  raised  it  to  12(^0  sestertia,  and  sup. 


The  Senate.  7 

plied  the  deficiency  to  those  who  had  not  that  sxxm^Suet.Aug. 
41.  C icero  uls; )  mentions  a  certain  fortune  as  requisite  in  a 
senator,  Fam.  xiii.  5. 

Every  lustrum^  i.  e.  at  the  end  of  every  fifth  year,  the  se- 
nate was  reviews  by  o.iC  of  the  censors  ;  and  if  any  one  by 
his  behaviour  had  rendered  himself  unworthy  of  that  high 
rank,  or  had  sunk  his  fortinie  below  that  of  a  senator,  his 
name  was  passed  over  by  the  censor  in  reading  the  roil  of  se- 
nators ;  and  thus  he  was  held  to  be  excluded  from  the  se- 
nate, (mot us  e  senatii). 

But  this,  though  disgraceful,  did  not  render  persons  infa- 
mous, as  when  they  were  condemned  at  a  trial :  for  the  igno- 
viiny  might  be  removed  by  the  next  censors,  or  they  might 
obtain  offices  which  again  procured  them  admittance  into  the 
senate,  Cic.  pro  Cluent^  42.  as  was  the  case  with  C.  An- 
tonius,  who  was  consul  with  Cicero;  and  with  P.  Lentulus, 
who  was  prsetor  at  the  time  of  Catiline's  conspiracy,  Dio. 
X  xxviii.  30.  Thus  also  Sallust  the  historian,  that  he  might 
recover  his  senatorian  dignity,  was  made  preetor  by  Cgesar, 
Dio.  xlii.  52.  and  afterwards  governor  of  Numidia,  where 
he  did  not  act  as  he  wrote,  {ovx.  £V/^»}<r«To  tu  e^yai  t<jv;  Myo-Ji.) 
Id.  xliii.  9.  but  by  rapacity  and  extortion  accumulated  a 
gxeat  fortune,  which  he  left  to  his  grand-nephew,  Tacit, 
Annal.  iii.  30.    Horat.  Od.  ii.  2. 

This  indulgence  of  beingenroUed  inthesenateas  supernu- 
merary members,  without  a  formaMection,  was  first  granted 
to  magistrates  by  the  censors,  A.  U.  693.  Dio.  xxxvii.  46. 

There  was  a  list  of  the  senators,  (album  senatorium, 
AivKu^iK  vel  «v«'/fa^»j  ,Q«fAfrT«v),  where  all  their  names  were 
written,  which,  by  the  appointment  of  Augustus,  used  to  be 
annually  pasted  up  in  the  senate-house,  Dio.  Iv.  3.  et  Frag- 
ment. 137.  and  the  name  of  any  senator  who  had  been  con- 
demned by  a  judicial  sentence,  was  erased  from  it,  Jacit. 
Annal.  iv.  42. 

3.  The  Badges  and  Privileges  of  Senators. 

nr^HE  Badges  {insignia)  of  senators  w^re,  1.  the  Latus  cla~ 

-■-  vus,  or  Tunica  laticlavia.,  i.  e.  a  tunic  or  waistcoat  witk 

an  oblong  broad  stripe  of  purple,  like  a  ribbon,  sewed  to  it 

,or\the  fore  part.  It  was  broad  to  distinguish  it  from  that  of  the 


S  ROMAN  ANTIQUITIES. 

Eqiiites,  who  wore  a  narrow  one.  2.  Black  buskins  reach- 
ing to  the  middle  of  the  leg,  Horat.  Sat.  i.  6.  28.  with  the 
letter  C  in  silver  on  the  top  of  the  foot,  Juv.  vii.  1 92.  Hence, 
calceos  mutare^  to  become  a  senator,  Cic.  Phil.  xiii.  13.  3.  A 
particular  place  at  the  publick  spectacles,  called  OpvCHE»s- 
TRA,  next  the  stage  in  the  theatre,  and  next  the  arerii  in  the 
amphitheatre,  Cic.  Cluent.  47. 

This  was  first  granted  them  by  P.  Cornelius  Scipio,  the 
elder  in  his  consulship,  A.  U.  558.  Liv.  xxxiv.  54.  Hence 
Orchestra  is  put  for  the  senate  itself,  Juvenal,  iii.  177. 

In  the  games  of  the  circus,  the  senators  sat  promiscuously 
with  the  other  citizens,  till  tlie  Emperor  Claudius  assigned 
them  peculiar  seats  there  also.  Suet.  Claud.  21.  Dio.  Ix.  7. 

On  solemn  festivals,  when  sacrifices  were  offered  to  Jupi- 
ter by  the  magistrates,  {in  epuloJovis.^  vel  in  cGena  Diali^)  the 
senators  had  the  sole  right  of  feasting  publicly  in  the  Capitol, 
Gell.  xii.  8.  Dio.  xlviii.  52.  drestin  their  senatorian  robes,  and 
such  as  were'proper  to  the  offices  which  they  had  borne  in  the 
city,  Cic.  Phil.  ii.  43.  Senec.  contr.  i.  18.  When  Augustus 
reduced  the  number  of  the  senate,  he  reserved  to  those  who 
were  excluded,  the  badge  of  their  dress,  and  the  privilege  of 
sitting  in  the  Orchestra,  and  of  coming  to  these  public  q\\- 
tert^'mments,  (public^  epulandi jus  ;)  Suet,  Aug.  S5. 

i.  The  Assembling  of  the  Senate,  and  the  Time  and  Place 

of  its  Meeting, 
''JT^HE  senate  was  assembled  (convocabatur, yel  cogebatur) 

^  at  first  by  the  kings,  Liv.  i.  48.  after  the  expulsion  of 
Tarquin,  usually  by  the  consuls;  and  in  their  absence  by  the 
preetors,  Cic.  Ep.  Fara.  x.  12,  28.  also  by  the  dictator,  master 
of  horse,  Liv.  viii.  33.  decemviri,  miiitarj'^  tribunes,  interrex^ 
prefect  of  the  city,  JLw.  iii.  9.  &  29.  A.  Gell.  xiv.  7.  and  by 
the  tribimes  of  the  commons,  who  could  summon  the  senate 
although  the  consuls  were  present,  and  even  against  their 
will ;  Cic.  Ep,  Fam,  x.  28.  xi.  6.  De  Orat.  iii.  1.  Gell.  xiv. 
8.  The  Emperors  did  not  preside  in  the  senate  unless  when 
invested  with  consular  authority,  {Princeps  prcvsidebat  ; 
erat  enim  consul;)  Plin.  Ep.  ii.  11.  Paneg.  76. 

The  senators  were  summoned  {arcessebantur,  citabantur, 
vocabantur,  in  senafiimvocaba/itur^  &icO  anciently  by  a  pub. 


The  Senate.  9 

lie  officer  named  VIATOR,  because  he  called  the  senators 
from  the  country;  Cic.de  Sen.  16. or  byaruBUccRi  e  R,when 
anything  had  happened  about  which  the  senators  were  to  be 
consulted  hastily,  and  without  delay,  Xiu.iii.  38.  but  in  lat- 
ter times  by  an  EDICT,  appointing  the  time  andplace,and 
published  severaldays  before,  C?r./'//z7.iii.8.notonlya*  Rome, 
but  sometimes  also  in  the  other  cities  of  Italy,  Czc.  udAtt.  ix. 
17.  The  cause  of  assembling  it  used  also  to  be  added,  c  o  n- 

SULTANDUM  SUPER  RE  MAGNA  ET  ATROCI,  Tacit.AnnaL 

5i.  28.  Edicere  senatum  in  proximum  diem  ;  Edicere  ut  se- 
natus  adesset,  ^e.  Cic.  tt  Liv.  passim. 

If  any  senator  refused  or  neglected  to  attend,  he  was  pun- 
ished by  a  fine  and  distraining  his  goods^f^ muicta  et  pigno- 
ris  captione  ;J  unless  he  had  a  just  excuse,  Liv.  iii.  38.  Cic. 
Phil.  i.  5.  Plin,  Ep.  iv.  29.  The  fine  was  imposed  by  him 
who  held  the  senate,  and  pledges  were  taken  till  it  wasptid. 
But  after  sixty  or  sixty-five  years  of  age,  senators  might 
attend  or  not  as  they  pleased.  Settee,  de  Brev.  Vitie.  20. 
Controv.  i.  8.  Pltn.  Ep.  iv.  23. 

The  senate  x;ould  not  be  held  but  in  a  temple,  that  is, 
in  a  place  consecrated  by  the  augurs,  Gell.  xiv.  7.  that  thus 
dieir  deliberations  might  be  rendered  more  solemn,  Cic. 
Dom,5\. 

Anciently  there  were  but  three  places  where  the  senate 
used  to  be  held  f  Curiae  v .  SenaculaJ  ;  two  within  the  city,  and 
the  temple  of  Bellona  without  it,  Fcstus.  Afterwards  there 
were  more  places,  as  the  temples  of  Jupiter  Stator,  Apollo^ 
Mars,  Fidcan,  Tellus  ;  di.  Virtue^  Faith.,  Concord,  &c.  Also 
the  Curia,  Hostilia,  Julia,  Octavia,  and  Pompeia  ;  which 
last  was  shut  up  after  the  death  of  Caesar,  because  he  Vv^as 
slain  in  it.  Suet.  Jul.  88.  These  Curiae  were  consecrated  as 
temples  by  the  augurs,  but  not  to  any  particular  deity. 
When  Hannibal  led  his  army  to  Rome,  the  senate  was  held 
in  the  camp  of  Flaccus,  the  Proconsul,  betuixt  the  Porta 
CoUina  and  JEsquilina,  Liv.  xxvi.  10. 

When  a  report  was  brought  that  an  ox  had  spoken,  a 
thing  frequently  mentioned  in  ancient  authors,  the  senate 
was  held  under  the  open  air,  Piin.  Hist.  A''at.  viii.  45. 

On  two  special  occasions  the  senate  was  always  held  with- 
out the  city,  in  the  temple  of  Bellona  or  of  ApoUo :  for  tjie 

D 


iO  ROMAN  ANTIQUITIES, 

reception  of  foreign  ambassadors,  especially  of  those  wh(i? 
came  from  enemies,  whom  they  did  not  chuse  to  admit 
into  the  city  ;  and  to  give  audience  (^ciim  senatus  datiis  est) 
to  their  own  generals,  who  were  never  allowed  to  come, 
within  the  walls  while  in  actual  command,  Liv.  iii.  63. 
xxxi.  47.  xxxiii.  c.  22,  £s?24.— 34,  43,  3(5^  39,-42,  36. 
Senec.  Benej .  v.  15. 

The  senate  met  iconveniebat)  at  stated  times,  on  the  ka- 
lends, nones,  and  ides  of  every  month  ;  unless  when  the 
comitia  were  held.  For  on  those  dBysidiebus  comitialibus)  it 
was  not  lawful  to  hold  a  Senate,  Cio,  adFrat.  ii.  2.  adFam. 
I.  4.  nor  on  unlucky  days,  {diebus  nefastis  v.  atris)  unless  in 
dangerous  conjunctures,/<:/.viii.8.Xzi;.xxxviii.53. — xxxix. 
39.  in  which  case  the  senate  might  postpone  the  comitia; 
Ibid.  &  Ctc.  Mur.  25. 

An  ordinaiy  meeting  of  the  senate  was  called  Senatitsl^lL- 
GITIMUS,  Suet.  Aug.  35.  If  an  extraordinary  senate  was 
given  to  ambassadors  or  others,  for  any  reason  whatever,  it 
used  to  be  called  INDICTUS  or  EDICTUS ;  and  then  the 
senators  were  usually  summoned  by  an  edict,  whereby  an- 
ciently those  were  ordered  to  attend,  who  were  PATRES, 
and  who  were  CONSCRIPTI,  Liv.  ii.  1.  but  afterwards, 
"  those  who  were  senators,  and  who  had  a  right  to  deliver 
' '  their  opinion  in  the  senate. ' '  (Qu  i  sen  a  tores,  q^u  ijbus- 

(UJE    IN     SENATU     SENTENTIAM    DICERE    LICERET,  UT 

ADESSENT  ;  and  sometimes,  Ut  adessent  frec^uen- 
TES,  AD  VIII.  Cal.  Decembr.  &c.  Cic  ct  Liv.  passim.} 

No  decree  of  thq  senate  could  be  made  unless  there  was 
a  quorum,  hiisi senator umnumeruslegitimusadesset^.  What 
that  was  is  uncertain.  Before  the  times  of  Sylla,  it  seems 
to  have  been  100,  Liv.  xxxix.  18.  Under  Augustus  it  was 
400,  which,  however,  that  Emperor  altered,  Z)?o.  liv.  35. 
Iv.  3.  If  any  one  wanted  to  hinder  a  decree  from  being 
passed,  and  suspected  there  was  not  a  quorum,  he  said  to 
the  magistrate  presiding,  Numera  Senatum,  Count  tlie 
benate,  Cic.  Ep.  Fam.  viii.  11.  Festusin  numera. 

Augustus  enacted,  that  an  ordinary  meeting  of  the  senate 
should  not  be  held  oftener  than  twice  a  month,  on  the  Ka- 
icnds,  and  Ides  ;  and  in  the  months  of  September  and  Octo- 
ber, tjiat  only  a  certain  nuiijbcr  chosen  by  lot  should  attend. 


The  Senate.  11 

Suet.  Aug.  35.  This  regulation  was  made  under  pretext  of 
easing  the  senators,  but  in  reality  with  a  view  to  diminisli 
their  authority,  by  giving  them  less  frequent  opportunities 
of  exercising  it.  Augustus  chose  a  council  for  himself  every 
six  months,  (consilia  semestria  sortiri)  to  consider  before- 
hand what  things  should  be  laid  before  a  full  house,  {adfr<^- 
quchiein  senatum),  Ibid. 

The  senate  met  always,  of  course,  on  the  first  of  January, 
for  tlie  inaviguration  of  tlie  new  conf,uls,  who  entered  into 
their  office. on  that  day,  and  then  usually  there  was  a  crowd- 
ed house. 

He  who  had  the  fasces  presided,  and  consulted  the  fathers, 
first,  about  what  pcrtaiiied  to  religion,  ide  rebus  divinis)^ 
about  sacrificing  to  the  Gods,  expiatingprodigies,  celebrating 
games,  inspecting  the  books  of  the  Sibyls,  &c.  Liv.  viii.  8. 
viext,  about  human  affairs,  namely,  the  raising  of  armies,  the 
management  of  wars,  the  provinces,  &c.  The  consuls  were 
then  said  to  consult  the  senate  about  the  republic  in  general, 
<de  republica  iiidefinite,)  and  not  about  particular  things,  {de 
rebus  singulis  finite,  Aul.  Gell.  xiv.  7.)  The  same  was  the 
case  in  dangerous  junctures,  when  the  senate  was  consult- 
ed about  the  safety  of  the  republic,  {desumma  republican  v. 
fota.)  Cic.  passim. 

The  month  of  February  was  commonly  devoted  to  hear 
embassies  and  the  demands  of  the  provinces,  Cic.  ad  Fratr. 
ii.  3.  £s?  12.  ad Fam.  i.  4.  Ascon.  in  Verr.  i.  ^S. 

5.  The  Manner  of  Holding  and  Consiiltitig  the  Senate. 

THE  magistrate,  who  was  to  hold  the  senate,  offered  a  sa- 
crifice, and  took  the  auspices,  before  he  entered  the  se- 
nate-house, Plin.  Pan*  76.  Gell.  xiv.  7.  If  the  auspices 
were  not  favourable,  or  not  rightly  taken,  the  business  was 
deferred  to  another  day,  Cic.  Epist.  x.  12. 

Augustus  ordered,  that  each  senator,  before  he  took  his 
seat,  should  pay  his  devotions,  with  an  offering  of  frankin- 
cense and  wine,  at  the  altar  of  that  god  in  whose  temple  the 
senate  were  assembled,  that  thus  they  might  discharge  their 
duty  the  more  religiously,  Suet.  Aug.  35. 

When  the  consuls  entered  the  senate-house,  the  senators 
r.ommonly  rose  up  to  do  them  honour,  Cic.  Pis,.  12. 


12  ROMAN  ANTIQUITIES, 

The  senate  was  consulted  about  every  thing  pertaining  to 
the  administration  of  the  state,  except  the  creation  of  ma- 
gistrates, the  passing  of  laws,  and  the  determination  of  war 
and  peace ;  all  which  properly  belonged  to  the  whole  Roman 
people,  Dionys.  ii.  14. 

The  senate  could  not  determine  about  the  rights  of  Roman 
citizens  without  the  order  of  the  people,  Liv.  xxvi.  33. 

When  a  full  house  was  assembled,  the  magistrate  presiding, 
■whether  consul  or  praetor,  &c.  laid  the  business  before  them 
in  a  set  form  ;  Quod  bonum,  faustum,  felix,  fortu- 

NATUM   SIT  ;    REFERIMUS  AD  VO.S,  PaTRES  CoNSCRIP- 

T  I.  Then  the  senators  ^vere  asked  their  opinion  in  this  form ; 
Die.  Sp.  Posthumi,  q^uiD  CENSES  ?  Liv,  i.  32.  ix.  8.  or 
Quid  fieri  placet  ;  Quid  tibi  videtur  ? 

In  asking  the  opinions  of  the  senators,  the  same  order  was 
not  always  observed  ;  but  usuallj'^  the  princeps  senatus  was 
first  desired  to  deliver  his  opinion,  unless  when  there  were 
consuls  elect,  w  ho  were  always  asked  first.  Sail.  Cat,  50. 
Cic.  Phil  V.  13.  Fam.  viii.  4.  and  then  the  rest  of  the  sena- 
tors according  to  their  dignity.  Consular es^  Pratorii,  j^dilitii 
Tribunitii^  et  Qutestorii,  which  is  also  thought  to  have  been 
their  order  in  sitting,  Cic.  Phil.  13.  The  benches  on  which 
the  senators  sat,  isubsellia),  Cic.  Cat.  i.  7.  were  probably  of 
a  long  form,  Cic.  Fam.  iii.  9.  as  that  mentioned  by  JuvenaL 
(longa  cathedra),  ix.  52.  and  distinct  from  one  another^ 
each  fit  to  hold  all  the  senators  of  a  particular  des- 
cription ;  some  of  them  shorter,  as  those  of  the  tribunes, 
which  seem  to  have  held  only  a  single  person,  Suet.  CI.  23, 
The  consuls  sat  in  the  most  distinguished  place,  on  their 
curule  chairs,  Cic.  Ibid.  8?  Cat.  iv.  1. 

As  the  consuls  elect  were  first  asked  their  opinion,  so  the 
praetors,  tribunes,  &c.  elect,  seem  to  have  had  the  same  pre- 
ference before  the  rest  of  their  order,  Cic.  ad  Att.  xii.  21. 
m  Very.  v.  14.  lie  who  held  the  senate,  might  ask  first 
any  one  of  the  same  order  he  thought  proper  ;  which  he  did 
from  respect  or  friendsliip,  Cic.  pout  rcdit.  in  Seuat.  7.  Liz'. 
V.  20.  Gell.  iv,  10.  xiv.  7.  Senators  were  sometimes  asked 
their  opinions  by  private  persons  ;  {midti  rogabaJitur,  atqur 
idipsum  consulibus  invitis  ;)  Cic.  I'hm.  i.  2. 


The  Senatf,.  \o 

The  consuls  used  to  retain  through  the  whole  year  the 
same  order  which  they  had  observed  in  the  beginning  of  their 
office,  Suet.  Jul.  21.  But  in  latter  times,  especially  under 
the  Emperors,  they  were  asked  in  what  order  the  magistrate 
who  presided  thought  proper,  Cic.  Jtt,  i.  13.  Plin.  Ep.  ix 
13.  When  they  were  all  asked  their  opinions,  they  were 
Sd\dperrogan,  Liv.  xxix.  18.  Plin,  Pan.  60.  and  the  senate 
to  be  regularly  consulted  on  the  affair  to  be  deliberated  about, 
{ordine  constdi),  Liv.  ii.  28,  and  29.  Augustus  observed  no 
certain  rule  in  asking  the  opinions  of  the  senators,  that  there 
by  they  might  be  rendered  the  more  attentive,  Suet.  35. 

Nothing  could  be  laid  before  the'  senate  against  the  will 
of  the  consuls,  unless  by  the  tribunes  of  the  people,  v^\\u 
might  also  give  their  negative  {moramfacere)  against  any  de- 
cree, by  the  solemn  word  VETO  ;  which  was  called  inter- 
cedi?igi(intercedere).  This  might  also  be  done  by  all  who  had 
an  equal  or  greater  authority  than  the  magistrate  presiding, 
Cic.  Legg.  iii.  3.  GelL  xiv.  7.  If  any  person  interceded, 
the  sentence  of  the  senate  was  called  SENATUS  AUCTO- 
RITAS,  their  judgment  or  opinion,  L.iv.  iv.  57.  Cic.  Fam. 
I.  2.  viii.  8.  and  not  senatus  consultum  or  decretum.,  theii 
command.  So  likewise  it  was  named,  if  the  senate  was  held 
at  an  improper  time  or  place,  {alieno  tempore  aut  loco) ;  or 
if  all  the  formalities  {solemnia)  were  not  observed,  Dio.  h- 
3.  in  which  case  the  matter  was  referred  to  the  people,  or 
was  afterwards  confirmed  by  a  formal  decree  of  the  senate. 
Cic.  Ep.  Fam.  x.  12.  But  when  no  mention  is  made  of  in 
tercession  or  informality,  Auctoritas  se?iatus  is  the  same  witli 
Consultum^  Cic.  Legg.  ii.  15.  They  are  sometimes  also 
joined  ;  thus,  Senatusconsulti  auctoritas^  which  was  the 
usual  inscription  of  the  decrees  of  the  senate,  and  marked 
.vith  these  initial  letters,  S.  C.  A.  Cic. 

The  senators  delivered  their  opinion,  {sententiam  dice- 
hant)^  standing :  Whence  one  was  said  to  be  raised,  (excitari)., 
when  he  was  ordered  to  give  his  opinion,  Liv.  ix.  8.  Cic.  ad 
Attic.  \.  13.  But  when  they  only  assented  to  the  opinion  of 
another,  {verho  assentiebantur)^  they  continued  sitting,  Cic 
Fam.  v.  2.  Plin.  Pan.  76.  The  principal  senators  might 
likewise  give  their  opinion  about  any  otlier  thing,  besides 
whp.t  was  proposed,  which  they  thought  of  advantage  to  th^' 


14  ROMAN  ANTIQUITIES. 

state,  and  require  that  the  consul  should  lay  it  before  the 
senate;  which  Tacitus  calls,  Egredirelationem.  They  were 
then  said  CY.'^^^'RK  referendum  de  aliqiia  r<?,  Sail.  Cat. 
50.  Plhi.  Ep.  vi.  5.  or  Relationem  postulare,  Tacit.  Ann. 
xiii.  49.  For  no  private  senator,  not  even  the  consul-elect, 
was  allg>wed  to  proi^ose  to  the  senate  any  question  himself, 
Cic.  pro  Dom.  27.  Sometimes  the  whole  house  called  out 
for  a  particular  motion.  Sail.  Cat.  48.  And  if  the  consul  he- 
sitated or  refused,  which  he  did  by  saying,  Se  con  side- 
hare  vELLE,  the  other  magistrates,  who  had  the  right  of 
holding  the  senate,  might  do  it,  even  against  his  will,  parti- 
cularly the  tribunes  of  the  people,  Cic.  pro  leg.  Manil.  1 9. 
pro  Sext.  30.  Epist.  Fam.  x.  16.  Hence  Augustus  was, 
by  a  decree  of  the  senate,  invested  with  the  power  of  tribune 
for-  life,  that  he  might  lay  any  one  thing  he  pleased  before 
the  senate  every  meeting,  although  he  was  not  consul,  Dio. 
liii.  32.  And  the  succeeding  Emperors  obtiiined  from  the 
senate  the  right  of  laying  before  them  one,  two,  or  more 
things  at  the  same  meeting;  which  was  c^td  jus  prima ^  se- 
cundce^  tertiiS^  quartce^  et  quintce  relationis->  Vopisc.  et  Capi- 
tol. In  those  times  the  senator  who  gave  his  opinion  first, 
«was  called,  Prijii^e  sentejitia  senator^  Ibid. 

It  was  not  lawful  for  the  consuls  to  interrupt  those  that 
tipoke,  although  they  introduced  in  their  speech  many  things 
foreign  to  the  subject ;  which  they  sometimes  did,  that  they 
might  waste  the  day  in  speaking,  {ut  diem  dicendo  exime- 
rent,consumerent  v.tollerent).  Cic.  Verr.  2.  39.  For  no  new 
reference  could  be  made  after  the  tenth  hour,  i.  e.  four 
o'clock  afternoon  according  to  our  mannt^"  of  reckoning  ; 
Senec.  de  Tranquill.  An.  c.  ult.  nor  a  decree  passed  after 
sunset,  ./i.  Gell.  xiv.  7. 

Hence  Cicero,  in  blaming  the  decrees  of  Antony,  calls 
them  SC t  a  Ve  s p  e  r  t  i  n  a ,  Phil.  iii.  10.  We  read,  however, 
of  the  senate's  being  assembled  at  midnight  upon  the  arrival 
of  an  express  from  one  of  the  consuls,  Sp.  Furius,  that  he 
was  besieged  l)y  the  iEqui  and  Volsci,  A.  U.  290.  Dionys. 
ix.  63.  so  iii.  2G.  and  of  a  person  haranguing  till  it  was  so 
late  that  lights  were  called  for,  {nocte  illatis  lucerms),  Plin. 
Ep.  iv.  9. 


The  SfiNATL.  .L> 

Those  who  grossly  abused  tliis  right  of  spfcaking  without 
ititerruption,  were  sometimes  forced  to  give  over  speaking, 
^perorare)^  by  the  noise  and  chunour  of  the  other  senators, 
Cic.  ad  An.  iv.  2.  Sometimes  magistrates,  when  they  made; 
a  disagreeable  motion,  were  silenced  in  this  manner.  Thus, 
Citptuin  est  referri  de  inducendo  S'Cto,  i.  e.  delendo  vel  ex- 
pungendo ;  a6  oinni  senatu  redamatum  est,  Cic.  pro  Donu 
4.  Ejus  orationi  vehementer  ab  omnibus  redamatum  est.  Id. 
Fam.  i.  2.  So  when  a  senator  threw  out  abusive  language 
against  any  one,  as  Catiline  did  against  Cicero  and  others, 
tlie  whole  senate  exclaimed  against  him,  {obstrepere  omnes)., 
Sail.  Cat-  31. 

This  used  also  to  occur  under  the  Emperors.  Thug  Pliny, 
speaking  of  himself,  after  the  death  of  Domitian,  says,  Fi- 
mo  Indpit  respondere  Vtjento  ;  nemo  patitur  ;  obturbatur  ; 
obstrepitur ;  adeo  quidem  ut  diceret;  Roc o,  Patre s  C-  ne 

ME   COGATIS  IMPLORARE  AUXILIUM  TrIBUNORUM.  Et 

statim  Murena  tribunus,  Permitto  tibi,  vir  clarissi- 
ME,  Vejento,  Die  ere.  Tuuc  qiioQue  redamatur,  Ep. 
ix.  13.  The  title  of  Clarissimus  was  at  this  time  given 
to  all  the  senators,  but  formerly  only  to  the  leading  men. 

Sometimes  the  speeches  of  senators  were  received  witli 
shouts  of  applause  ;  thus,  Consiirgenti  ad  cense?idum  acda- 
matum  est,  qiiodsolet  residentibics,  Plin.  Ep.  iv.  9.  And  the 
most  extravagant  expressions  of  approbation  were  bestowed 
on  the  speakers  :  Konfere  quisquam  in  senatu  fait,  qui  non 
me  complecteretur,'exoscidaretur,  certatimque  laiide  ciimula- 
ret.  Id.  ix.  13.  The  consul,  or  presiding  magistrate,  seems 
to  have  exercised  different  powers  in  the  senate  at  different 
times,  Cic.  Orat.  iii.  1.  When  Cato  one  day,  to  pre\-ent  a 
decree  from  being  passed,  attempted  to  waste  the  day  io 
speaking,  Ccesar,  then  consul,  ordered  him  to  be  led  to  pri-, 
son  ;  whereupon  the  house  rose  to  follow  him,  which  made 
Ccesar  recall  his  order,  Gdl.  iv.  10. 

If  any  one  in  delivering  his  opinion  had  included  several 
distinct  articles,  some  of  which  might  be  approved  and  others 
rejected,  it  vvas  usual- to  require  that  the  opinion  might  be 
divided,  and  that  each  particular  might  be  proposed  apart ; 
and  therefore  any  senator  might  say,  diviek,  CiC'  Fam.  u 
2-  S^nr^.  Ep.  21.  J  scon,  in  Cic,  Mil.-  6. 


16  ROMAN  ANTIQUITIES- 

In  matters  of  very  great  importance,  the  senators  some- 
times delivered  their  opinions  upon  oath,  (jurati),  Liv, 
xxvi.  35.  XXX.  40.  xlii.  21.   Tacit.  AimaL  iv.  21. 

Several  different  questions  might  be  referred  to  the  senate 
by  different  magistrates  in  the  same  meeting,  Cic.  Phil.  vii. 
1.  JLiv.  XXX.  21. 

When  any  magistrate  made  a  motion,  he  was  said,  Ver 
BA  facere;  referre  vel  deferre  ad  senatum,  or 

CONSULERE   SENATUM  DE  ALiqUA  RE,    ClC.  in  PlS.  13. 

and  the  senators,  if  they  approved  of  it,  relationem  ac- 
ciPERE,  Liv.  ii.  39. 

When  different  opinions  were  delivered,  the  senators  ex -^ 
pressed  their  assent,  some  to  one,  and  some  to  another,  vari- 
ously, by  their  looks,  by  nodding  with  their  heads,  by 
stretching  out  their  hands,  &c.    Tacit.  Hist.  iv.  4. 

The  senators  who  spoke  usually  addressed  themselves  to 
the  whole  house,  by  the  title  ofPATREsCoNscRiPXi,  Cic. 
et  Liv.  passim  ;  sometimes  to  the  consul  or  person  who  pre- 
sided, Cic.  Phil.  viii.  1.  sometimes  to  both,  Liv.v\.  15. 
They  commonly  concluded  their  speeches  in  a  certain  form: 
Quare  EGO  ita  censed;  or,  Placet  igitur,  &.c.  Sal- 
lust.  Ca^  li.  52.  Quod  C.  Pansa  verba  fecit  de — de 

BARE     ITA    CENSEO;    Or  QUiE  CUM  IT  A   SINT  ;  Or  QuAT, 

OB  RE,s,  ITA  CENSEO ;  Cic.  Phil.  iii.  15.  v.  4.  ix.  7.  Some- 
times they  used  to  read  their  opinion,  {de  scrip  to  dicerc,)  Cic. 
[''am.  X.  13.  and  a  decree  of  the  senate  was  made  according 
to  it,  {in  sententiam  alicujus,  vel  ita  lit  iUe  censebat.) 

When  a  senator  did  not  give  an  entire  assent  to  the  opi- 
nion of  any  one,  but  thought  that  something  should  be  add- 
ed, he  said,  Servil-io  assentior  ;  et  hoc  amplius 
CENSEO  !  Cic.  PhiL  xiii.  21.  which  was  called  addere  sen- 
i-enticc,  vel  in  sententiam^  Sail.  Cat.  51. 

6.  The  Manner  of  Making  a  Decree  of  the  Senate. 

WHEN  several  different  opinions  had  been  oflfered,  and 
^ach  supported  by  a  number  of  senators,  the  consul  or 
magistrate  presiding  might  first  put  to  the  vote  which  opinion 
lie  pleased,  {sententiam  primam  promincmre^  ut  in  earn  dis~ 
cessioferet);  Cic.  Ep.  Fam.  i.  2.  x.  12.  or  suppress  alto- 
gether {negare  se  pronunciaturiim)  what  he  disapproved. 


The  Senate.  17 

Cas.  de  Bell.  Civili,  i.  1.  And  herein  consisted  die  chief 
power  of  the  consul  in  the  senate.  But  even  this  was  sonx;- 
times  contested  by  the  tribunes,  {ante  se  ofwrtcre  discessio- 
nemfacere^  quam  consules^)  Cic.  Fain.  i.  2. 

A  decree  of  the  senate  was  made  by  a  separation  \per  dis- 
cessionem)  of  the  senators  to  different  parts  of  the  house. 
He  who  presided  said,  '*  Let  those  who  are  of  such  an  opi- 
*'  nion  pass  over  to  that  side  ;  those  who  think  difterently  to 

"this."  (Qui  HOC  CENSETIS,  ILLUC  TRANSITE.  Qui 
ALIA  OMNIA,  i^  HANC   PARTEM).     HcUCC /r<?  pedlbus  hi 

sententiam  alicujus,  to  agree  to  any  one's  opinion  :  and  Dis- 
cedere  v.  transire  in  alia  omnia,  for  Contrarium  seyitire^ 
Plin.  JEp.  viii.  14.  Frequentes  leriint  in  alia  omnia^  a  great ' 
majority  went  into  the  contrary  opinion,  Cic.  Fam.  i.  2. 
Frequens  senatus  in  alia  omnia  iit,  Id.  viii.  13.  discessit,  x. 
12.  The  phrase  Qui  ALIA  omnia,  was  used  instead  of 
Qui  NGN  CENSETIS,  sc.  hoc^  from  a  motive  of  supersti- 
tion, (ominis  causa),  Fesft/s. 

Those  senators  v/ho  only  voted,  but  did  not  speak,  or,  as 
some  say,  who  had  the  right  of  voting,  but  not  of  speaking, 
were  called  PEDARII,  Fesfus.  A.  GelL  iii.  18.  Cic.cdAtt. 
i.  19.  20.  because  they  signified  their  opinion  by  their  feet, 
and  not  by  their  tongues  :  Or,  according  to  others,  because 
not  having  borne  a  curule  magistracy,  they  went  to  the  sen- 
ate on  foot.  A,  Gcll.  ibid.  But,  according  to  Pliny,  ancient- 
ly all  the  senators  went  to  the  senate  on  foot ;  and  the  pri- 
vilege of  being  carried  thither  in  a  chariot  was  never  grant- 
ed to  any  one  but  Metellus,  uho  had  lost  his  sight  in  rescu- 
ing the  Palladium,  or  image  of  Pallas,  from  the  temple  of 
Vesta  when  in  flames,  Hist.  JVat.  vii.  43.  s.  4.5. 

He  who  had  first  proposed  the  opinion,  {qui  sejitentiam 
senatui  pr^stitisset,  Cic.  in  Pis.  32.),  or  who  had  been  the 
princip:>l  speaker  in  favour  of  it,  the  consul,  or  whoever  ]?c* 
was,  (PRINCEPS  vel  AUCTOR  Sententice,  0\  id.  Pont. 
ii.  3.  31),  passed,  and  those  who  agreed  with  him  followed, 
Plin.  Epist.  ii.  11.  Those  who  differed,  went  to  a  different 
part  of  the  lionse;  and  into  whatever  part  most  of  the  Sena- 
tors went,  the  Consul  said  of  it,  "This  seems  to  be  the 
"majority,"  (H/Hc  pars  major  videtur.)  Then  a  de- 
cree of  the  Senate  was  made  according  to  their  opinion,  Plin. 

K 


18  ROMAN  ANTIQUITIES. 

.Ep,  ii.  12.  and  the  names  of  those  who  had  been  most  keen 
for  the  decree,  were  usually  prefixed  to  it,  which  were  call- 
ed AUCTORITATES  perscripta  vel  prascriptce,  Cic. 
Orat.  iii.  2.  because  they  staid  to  see  the  decree  made  out, 
{scribendo  adfuerunt,  i.  e.  Senatih  considti  conjimendi  testes 
erant.)  Senates  consultum  e(i persc7'ipti(me  estfOi thsitiorm, 
to  tliat  effect,  Ctc,  Fam.  v.  2. 

Anciently  the  letter  T  was  subscribed,  if  the  tribunes  did 
not  give  their  neg-ative ;  for  at  first  the  tribunes  were  not 
admitted  into  the  Senate,  but  sat  before  the  senate-house  on 
benches,  till  the  decrees  of  the  Senate  were  brought  to  them 
for  their  approbation  or  rejection,  Val.  Max.  ii.  7.  This, 
however,  was  the  case  only  for  a  very  short  time ;  for  A.  U. 
SIO,  we.find  Canuleius,  one  of  theirnumber,  speaking  in  the 
Senate,  Liv.  iv.  1.  and  Dionysius  says  they  were  admitted 
soon  after  their  institution,  vii.  49. 

When  a  decree  of  the  Senate  was  made,  without  any 
opinions  being  asked  or  given,  the  fathers  were  said,  Pedibus 
ferre  sententiam  ;  and  the  decree  was  called  SENATUS 
CONSULTUM  PER  DISCESSIONEM,  A.  GelL  xiv. 
7.  Cic.  Phil.  iii.  9.  Suet.  Tib.  31.  But  when  the  opinions  of 
the  Senators  were  asked,  it  was  simply  called  SENATUS 
CONSULTUM,  Cic.  m  Pw.  8.  although  it  was  then  also 
madejSf  r  discessionem :  and  if  the  Senate  was  unanimous,  the 
discessio  was  said  to  be  made  sine  idla  varietate,  Cic.  pro 
Sext.  34.  If  the  contrary,  in  magna  varietate  sententiarum, 
lb. 

In  decreeing  a  supplication  to  any  general,  the  opinions  of 
the  Senators  were  always  asked ;  hence  Cicero  blames  An- 
tony for  omitting  this,  in  the  case  of  Lepidus,  Phil.  iii.  9.. 
Before  the  vote  was  ^\xt{anfe  discessione7nfactam^)&.\\d.  while 
the  debate  was  going  on,  the  members  used  to  take  their  seats 
ricar  that  person  whose  opinion  they  approved,  Plin.  Ep. 
vili.  14.  and  tlie  opinion  of  him  who  was  joined  by  the 
greatest  number,  was  called  SENTENTIA  maxime  tre- 
?^UENS,  Id.  ii.  11. 

Sometimes  the  Consul  brought  from  home  in  writing,  the 
decree  which  he  wished  to  be  passed,  and  the  Senate  readi- 
ly agreed  to  it,  Cic.  Phil.  i.  1. 

When  secrecy  was  necessary,  the  clerks  and  other  attend- 
aiUS  werejiot  admitted ;  but  what  passed  was  ^v^itten  out  by 


The  Senate.  19 

some  of  the  Senators,  Cic.  pro  Syll.  14.  A  decree  made  iu 
this  manner  was  called  Tag itum,  C<7/;z^o/.  Gordian,  V2. 
Some  think  the  Senatores  Pedarii  were  then  likewise  ex- 
eluded,  from  Faler.  Max.  ii.  2. 

Julius  Caesar,  when  consul,  appointed  that  what  was  done 
in  the  senate  (Diurna  Acta)  should  be  published,  Suet. 
Jul.  20.  which  iJao  seems  to  have  been  done  formerly,  Cic. 
pro  Suit.  14.  But  this  was  prohibited  Dv  Augustus,  Suet, 
Aug.  ^6.  An  account  of  tlieir  proceedings,  however,  was 
always  made  out ;  and  under  the  succeeding  emperors  we 
find  some  Senator  chosen  for  this  purpose,  {Actis  vel  cojn- 
mentariis  Senatus  conficiend  is,)  Tacit.  Ann.  v.  4. 

Public  registers  (ACTA,  i.  e.  tabula  vel  commentarii)^ 
were  also  kept  of  what  was  done  in  the  assemblies  of  the 
people,  and  courts  of  justice ;  also  of  births  and  funerals,  of 
marriages  and  divorces,  &c.  which  served  as  a  fund  of  in- 
formation for  historians ;  hence  Diurna  Urbis  Acta, 
Tacit.  Annal.  xiii.  31.  ActaPopuli.  Suet.  Jul.  20.  Act  a 
Public  A,  Tacit.  Ann.  vii.  24.  Suet.  Tib.  v.  Plin.  Ep.  viio 
ti3.  Urbana,/(/.  ix.  15.  usually  called  by  the  simple  name 
Acta,  Cic,  Fam,  xii.  8.  Plin.  vii.  54. 

SENATUS  CONSULTUM  and  DECRETUM  are 
used  promiscuously  to  denote  what  the  Senate  decreed, 
C-tc  Liv  et  Sail,  passim.  So  Consulta  et  Decreta  patrum, 
Horat.  But  they  were  also  distinguished  as  a  genus  an9  .spe- 
cies^ decretum  being  sometimes  put  for  a  part  of  the  SCtu?n, 
as  when  a  province,  an  honour,  or  a  supplication  was  decreed 
to  any  one,  Festus.  Decretum  is  likewise  applied  to  otliers 
besides  the  Senate;  as,  Decreta  Consulum.,  Au^uru?u,  Pon- 
tijicum,  Decurionum^  Ccesaris.,  Principis,  Judicis,  Sec.  So 
likewise  f<3W5Z//^a,  but  more  rarely  ;  as,  Consulta  Sapienfum, 
the  maxims  or  opinions,  Cic.  de  leg.  i.  24.  Consulta  Belli, 
determinations,  Sil.  iv.  S5.  Gracchi.,  Id.  vii.  34. 

In  writing  a  decree  of  the  Senate,  the  time  and  place  v/cre 
put  first ;  then  the  names  of  those  who  were  present  at  the 
ingrossing  of  it ;  after  that  the  motion,  with  the  name  of  the 
magistrate  who  proposed  it ;  to  all  which  was  subjoined 
what  the  senate  decreed.  Thus,  SenatusConsultiauc- 
toritas,  Pridie  Kal.  Octob.  in  ^^DE  ^P'-LLTNIS, 
ScBiBEXDo  adfuerunt,  L,  Domitjus,  &;c.  Quod  M. 


20  ROMAN  ANTIQUITIES. 

Marcellus  Cos.  verba  eecit  de  Provinciis  Con- 
sularibus,  de  ea,  re  ita  censuit,  v.  censuerunt, 
UTi,  &c.  Cic.  Ep.  Fam.  viii.  8. 
Hence  we  read,  De  ea  re  Senatus  consultus  ita 

CENSUIT,  DECREVIT  ;  alsO  Pl  A  C  ERE  Se  N  A  TUI  ;  SeNA- 
TUM  VELLE  ET  iEqUUM  CENSERE  ;  SeNATUM  EXISTI- 
MARE,  ARBITRARI  ET    JUDICARE  ;    ViDERI   SenATUI, 

Cic.  JJv.  Sail.  &c.  passim. 

If  the  tribunes  interposed,  it  was  thus  marked  at  the  end : 
Huic  Senatus  CoNsuLTo  intercessit  C.  Coelius, 
C.  Pans  A,  Trie.  Peer.  Cic.  ibid.  Sometimes  the  tribunes 
did  not  actually  interpose,  but  required  time  to  consider  of 
it  :  and  thus  the  matter  was  delayed,  Cic  pro  Sext.  34. 

When  the  senate  ordered  any  thing  tobedone,  these  words 
were  commonly  added,  PRIMO  QUOQUE  TEMPORE, 
as  soon  as  possible.  When  they  praised  the  actions  of  any 
persons,  they  decreed,  Eos  recte  at  que  ordine  VI- 
DERI FEcissE,  Liv.  passim  :  if  the  contrary,  Eos  con- 
tra REMPUBLICAM  FECISSE  VIDERI,  Id. 

Orders  were  given  to  the  consuls,  {Negotium  datum  est 
Consulibiis,)  not  in  an  absolute  manner,  but  with  some  ex- 
ception ;  Si  videretur  ;  si  e  republica  esse  duce- 
rent,  Xw.  Quod  commodo  REiPUBLiCiE  fieri  pos- 
set, CVj.  Ut  CoNSULES  alter,  AMBOVE,  si  EIS  VI- 
DEATUR,  AD  BELLUM  PROFICISCERENTUR,   Cic.      When 

the  consuls  obeyed  the  orders  of  the  Senate,  they  were  said, 
ESSE  vel  FORE  IN  PATRUM  POTESTATE;  and  tlic Seuators, 
when  they  complied  with  the  desires  of  the  people,  esse  in 
ropuLi  POTESTATE,  Xz'i;.  ii.  56,&:c. 

When  the  Senate  asked  any  thing  from  the  Tribunes,  the 
form  was  Senatus  censuit,  ut  cum  Tribunis  age- 

RETUR,  Liv.  XXvi.  ^Q>.  XXX.  41. 

The  decrees  of  the  Senate,  when  written  out,  were  laid 
up  in  the  treasury,  {in  .^rariiim  condehantur ^  where  also 
the  laws  and  other  writings  pertaining  to  the  Republic  were 
kept,  Liv.  iii.  9.  Anciently  they  were  kept  by  the  ^Ediles 
in  the  temple  of  Ceres,  Id.  iii.  55.  The  place  where  the 
public  records  were  kept,  was  called  TABULARIUM. 
The  decrees  of  the  Senate,  concerning  the  honours  confer- 
red on  Cresar,  were  inscribed  in  golden  letters  on  columns 


The  Senate.  21 

of  silver,  Dio.  xliv.  7.  Several  decrees  of  the  Semite  stiU 
exist,  engraven  on  tables  of  brass  ;  particularly  that  record- 
ed, Lw.  xxxix.  19. 

The  decrees  of  the  Senate,  when  not  carried  to  the  treasu- 
ry, were  reckoned  invalid,  Suet.  Aug.  94.  Hence  it  was^ 
ordained,  under  Tiberius,  that  the  decrees  of  the  Senate,  es- 
pecially concerning  the  capital  punishment  ofany  one,  should 
not  be  carried  to  the  treasury  before  the  tenth  day,  TacU. 
Ann.  iii.  51.  that  the  emperor,  if  absent  from  the  city,  might 
have  an  opportvmity  of  considering  them,  and,  if  he  thought 
proper,  of  mitigating  them,Z)?o.  Ivii.  i20.  Suet.  Tib.  75. 

Before  the  year  of  the  city  306,  the  decrees  of  the  Senate 
were  suppressed  or  altered  at  the  pleasure  of  the  consuls, 
Liv.  iii.  SS*  Cicero  accuses  Antony  of  forging  decrees, 
Phil  v.  5. 

Decrees  of  the  senate  were  rarely  reversed.  While  a 
question  was  under  debate,  ire  integral  every  one  was  at 
liberty  to  express  his  dissent  {.contrndicere  vel  dissentire)  ; 
but  when  it  was  once  determined  (re  peracta^)  it  was  looked 
upon  as  the  common  concern  of  e.ich  member  to  support 
the  opinion  of  the  majority  (quod  pluribus  placuisset,  cunctis 
tuendwn).,  Plin.  Ep.  vi.  13. 

After  every  thing  was  finished,  the  magistrate  presiding 
dismissed  the  Senate  by  a  set  form  :  Non  amplius  vos 
M  OR  AMUR,  P.  C.  or.  Nemo  vos  tenet;  Nihil  vos  mo- 
RAMUR  ;  Consul,  citatis  nominibus,  et  peracta 
DiscEssiONE,  mittit  Senatum,  PUn,  Ep.  ix.  13. 

7.  The  Power  of  the  Senate  at  different  Periods, 

THE  power  of  the  Senate  was  different  at  different  times. 
Under  the  regal  government,  the  Senate  deliberated 
upon  such  public  affairs  as  the  king  proposed  to  them  ;  and 
the  kings  wf  re  said  to  act  according  to  their  counsel,  {ex  con- 
silio  Patrumy  Liv.  i.  9.)  as  the  Consuls  did  afterwards  ac- 
cording to  their  decree,  {ex  SCto.)  Liv.  ii.  2,  &c. 

Tarquin  the  Proud  discontinued  the  custom  handed  down 
from  his  predecessors,  of  consulting  tiic  Senate  about  every 
thing  ;  banished  or  put  to  dea»-b  tne  chief  men  of  that  order, 
and  chose  no  others  in  their  room,  Liv.  i.  49.    But  this 


22  ROMAN  ANTIQUITIES. 

king  was  expelled  from  the  throne  for  his  tyranny,  and  the 
regal  government  abolished,  A.  U.  243. 

After  this  the  power  of  the  Senate  was  raised  to  the  high- 
est. Every  thing  was  done  by  its  authority.  The  magis= 
trates  were  in  a  manner  only  its  ministers,  {quasi  ministri 
gravissimi  concilii.  Cic.  pro  Sextio.  65.  No  law  could  be 
passed,  nor  assembly  of  the  people  held,  without  their  con- 
sent ;  nisi  Patribus  auctoribus^  h.  e.  jubentibus  v.  permit- 
tentibus,  Liv.  vi.  42.  But  when  the  Patricians  began  to 
abuse  their  power,  and  to  exercise  cruelties  on  the  Plebeians, 
especially  after  the  death  of  Tarquin,  A.  U.  257,  the  multi- 
tude took  arms  in  their  own  defence ;  made  a  secession 
from  the  city ;  seized  on  Mons  Sacer  ;  and  created  Tri- 
bunes for  themselves,  who  attacked  the  authority  of  the  Se- 
nate, and  in  process  of  time  greatly  diminished  it  by  vari- 
ous means  ;  Jirst,  by  the  intoduction  of  the  Comitia  Trtbu- 
ta^  and  the  exclusion  of  the  Patricians  from  them,  Liv.  ii. 
60.  Then^  by  a  law  made  by  Lastorius  the  Tribune,  that 
the  Plebeian  magistrates  should  be  created  at  the  Comitia 
Tributa^  Liw.  ii.  56.  &  57.  Dionys.  ix.  49.  Afterwards,  by 
a  law  passed  at  the  Comitia  Cejitiiriata^  by  the  consuls  Ho- 
ratius  and  Valerius,  that  the  laws  passed  at  the  Comitia  Tri- 
buta.  {Plebiscita^)  should  also  bind  the  Patricians,  Liv.  iii. 
S5.  And  lastly,  by  the  law  of  Publilius  the  Dictator,  A.  U. 
414.  Liv.  viii.  12.  and  of  Mcenius  the  Tribune,  A.  U.  467. 
Cic.  Brut.  14.  that  before  the  people  gave  their  votes,  the 
fathers  should  authorize  whatever  the  people  should  deter- 
mine at  the  Comitia  Centiiriata  ;  Cut  Jierent  auctores  ejus 
rei,  qiiam  populus  jussurus  esset,  v.  i?i  incertum^eventum  co- 
■mitiorum^  Liv.)  Whereas  formerly,  whatever  the  people  or- 
dered was  not  ratified  unless  the  Senators  confirmed  it,  Cnisi 
patres auctores ,/ierenty  Liv.  i.  17,  22.  iv.  3,  49.  Cic.  Plane. 
3.)  But  the  power  of  the  Senate  was  most  of  all  abridged  by 
the  riglit  of  the  Tribunes  to  render  the  decrees  of  the  Senate 
of  no  efiect  by  their  negative,  {.inter  cedendo.)  Still,  however, 
the  authority  of  the  Senate  continued  to  be  very  great ;  for 
as  power  and  majesty  properly  belonged  to  the  people,  so 
did  aw^AonVy,  splendor,  and  dignity  to  the  Senate.  {Potes- 
tas  inpopulo^  auctoritas  in  Senatu^  Cic.  Legg.  iii.  12  Lo- 
cust  auctoritas^,  doini  splendor ;  apud  exteras  nationes  no- 
men  etgratia.  Id.  pro  Cluent,  5Q.) 


The  Senate."  2^ 

The  Senatorian  order  is  called  by  Cicero,  Ordo  amplissi' 
mus  et  sanctissimus ;  summum  Populi  Romania  populorum- 
que  et  gentium  omnium  ac  Begum  consilium;  pro.  Dom.  28. 
And  the  Senate-house,  Templum  sanctitatis^  ampUtudinis, 
mentis^  consdii  publicly  caput  urbisy  ara  sociorum,  partus  om- 
nium gentiunty  &c.  pro  Milone,  33,  Hence  Senators  in  for- 
eiejn  countries  were  treated  with  the  highest  respect,  Cic.  in 
Fer.  iv.  11.  And  as  Senators  were  not  allowed  to  leave  Ita- 
ly without  permission,  (5zn<?  commeatu),  Cic.  Attic,  viii.  15. 
Suet.  Claud.  16.  &  23,  A''er.  35.  unless  to  Sicily  and  Gallia 
Narbonensis,  Dio,  lii.  42.  when  they  had  occasion  to  travel 
abroad,  they  usually  obtained  the  privilege  of  a. /r<?<?  legation y 
as  it  was  usually  called,  {sine  mandatisy  sine  ullo  reipublio' 
munere  ;  ut  hcereditates  aut  syngraphas  suas  perseqiiey'en- 
tuVy)  Cic.  de  Legg.  iii.  8.  Ep.  Fam,  x.  1.  Att.  xv.  12.  Suet. 
Tib.  31.  which  gave  them  a  right  to  be  treated  every  where 
with  the  honours  of  an  ambassador.  In  the  provinces  they 
had  Lictors  to  attend  them,  Cic.  Ep.  Fam.  xii.  21.  And  if 
they  had  any  law- suit  there,  they  might  require  that  it  should 
be  remitted  to  Rome,  lb.  xiii.  26.  The  advantages  of  hon- 
our and  respect  were  the  only  compensation  which  Sena- 
tors received  for  their  attention  to  the  public  affairs,  Cic* 
Cluent.  55. 

Although  the  supreme  power  at  Rome  belonged  to  the 
people,  yet  they  seldom  enacted  any  thing  without  the  autho- 
rity of  the  Senate.  In  all  weighty  affairs,  the  method  usu- 
ally observed  was,  that  the  senate  should  first  deliberate  and 
decree,  and  then  the  people  order,  Senatus  censuit  v. 
decrevit;  Populis  jussit,  Liv.  i.  17.  iv.  49.  x.  12.  45. 
XXX  vii.  55y  &c.  But  there  were  many  things  of  great  im- 
portance, which  the  Senate  always  determined  itself,  unless 
when  they  were  brought  before  the  people  by  the  interces- 
sions of  the  Tribunes.  This  right  the  Senate  seems  to  have 
had,  not  from  any  express  law,  but  by  the  custom  of  their 
ancestors,  Cic.  de  Orat.  i.  52. 

1.  The  senate  assumed  to  themselves  the  guardianship 
of  the  public  rdigion  ;  so  that  no  new  god  could  be  intro- 
duced, nor  altar  erected,  nor  the  sybil  line  books  consulted, 
without  their  order,  Liv.  ix.  46.  Cic.  de  I)w.  i.  48.  54. 

2.  The  senate  had  die  direction  of  tlie  treasury,  and  dis^ 
tributed  the  public  money  at  pleasure,    Cic  in  Fatin'  1  "^ 


04  ROMAN  ANTIQUITIES. 

Liv.  xxxviii.  54.  They  appointed  stipends  to  their  gene- 
rals and  officers,  and  provisions  and  clothing  for  their  armies, 
Polyb.  vi.  11. 

3.  They  settled  the  provinces,  which  were  annually  as- 
signed to  the  Consuls  and  Prtetors  :  and,  when  it  seemed 
fit,  they  prolonged  their  command,  Cic.  pro  Dom,  9. 

4.  They  nominated  out  of  their  own  body  all  ambassa- 
dors sent  from  Rome,  Liv.  ii.  15.  xxx.  26.  xlii.  19.  et  alibi 
passim  ;  and  gave  to  foreign  ambassadors  what  answers 
they  thought  proper,  Cic  in  Fatin.  15.  Dom.  9.  Liv,  vi.  26. 
vii.  20.  xxx.  17. 

5.  They  decreed  all  public  thanksgivings  for  victories 
obtained  ;  and  conferred  the  honour  of  an  ovation  or  tri- 
umph, with  the  title  of  IMPERATOR,  on  victorious  gene- 
rals, Cic.  Phil.  xiv.  4,  &  5.  Liv.  v.  23.  Polyb.  vi.  11. 

6.  They  could  decree  the  title  of  King  to  any  prince 
whom  they  pleased,  and  declare  any  one  an  enemy  by  a  vote, 
des.  Liv.  et  Cic.  passim. 

7.  They  enquired  into  public  crimes  or  treasons,  either 
in  Rome  or  the  other  parts  of  Italy,  Liv.  xxx.  26.  and  heard 
und  determined  all  disputes  among  the  allied  and  dependent 
cities,  Cic.  Off.  i.  10. Polyb.  vi.  11. 

8.  They  exercised  a  power,  not  only  of  interpreting  the 
laws,  but  of  absolving  men  from  the  obligation  of  tliem,  and 
even  of  abrogating  them,  Cic.  pro  Dom.  16. 27.  pro  lege  Ma- 
nil.  21.  dc  Legg.  ii.  d.Ascon.  in  Cic.  pro  Cornel.  Plin.  Epist, 
iv.  9. 

9.  They  could  postpone  the  assemblies  of  the  people,  Cic. 
pro  Mur.  25.  .4tt.  iv.  16.  and  prescribe  a  change  of  habit  to 
the  city  in  cases  of  any  imminent  danger  or  calamity,  Cic, 
pro  Sext.  12.  But  the  power  of  the  Senate  was  chiefly  con- 
spicuous in  civil  dissensions  or  dangerous  tumults  within  the 
city,  in  which  that  solemn  decree  used  to  be  passed,  "  That 
"  the  consuls  should  take  care  that  the  republic  should  re- 
"  ccive  no  harm  ;"  Ut  consiiles  darent  opei-am^  ne  quid  de- 
trimenti  respiiblica  caperet.  By  which  decree  an  absolute 
power  was  granted  to  the  consuls,  to  punish  and  put  to 
death  whom  they  pleased,  without  a  trial ;  to  raise  forces, 
and  carry  on  war  without  the  order  of  the  people,  Sallust. 
de  bello  Cat.  26. 


'Tfie  Senate.  25 

This  decree  was  called  ULTIMUM  or  EXTREMUM, 
Cas.  de  Bell.  Civ.  i.  4.  and  Forma  SCti  ultima  necessitatis^ 
JLiiv.  iii.  4.  By  it  the  republic  was  said  to  be  intrusted  to  the 
consuls,  permitti  v.  commendiiriconsulibus ;  or,  permitti con- 
sulibus  lit  rcmpublicam  defenderent,  Cic.  Sometimes  the  o- 
ther  magistrates  were  added,  Ca;s.  ibid.  Liv.  vi.  19.  Some- 
times only  one  of  the  consuls  was  named,  as  in  the  commo- 
tion raised  by  C.  Gracchus,  Ut  L.  Opimius  Consul  videret, 
&c.  because  his  colleague  Q.  Fabius  Maximus  was  absent, 
Cic*  in  Cat.  i.  2.  Liv.  iii.  4. 

Although  the  decrees  of  the  Senate  had  not  properly  the 
force  of  laws,  and  took  place  chiefly  in  those  matters  which 
were  not  provided  for  by  the  laws;  yet  they  were  understood 
always  to  have  a  binding  force,  and  were  therefore  obeyed 
by  all  orders.  The  consuls  themselves  were  obliged  to  sub- 
mit  to  them,  Liv.  iv.  26.  xlii.  21.  They  could  be  annulled 
or  cancelled  {tnduci,  i.  e.  deleri,  pottrant,)  only  by  the  Sen- 
ate itself,  Cic.  pro  Dom.  At.  Attic,  i.  17.  Their  force,  however, 
in  certain  tilings  was  but  temporary  :  and  the  magistrates 
sometimes  alleged,  that  they  were  binding  but  for  one  year, 
Dionys.  ix.  37.  In  the  last  age  of  the  republic,  the  authority 
of  the  Senate  was  little  regarded  by  the  leading  men  and  their 
creatures,  Cic,  pro  Sext,  12.  who,  by  means  of  Bribery,  ob- 
tained from  a  corrupted  populace  what  they  desired,  in  spite 
of  the  Senate,  Appian  de  bell.  civ.  ii.  A,^^^  &c.  Thus  Caesar, 
by  the  Vatinian  law,  obtained  the  province  of  Cisalpine 
Gaul  and  Illyricum,  for  five  years  from  the  people;  and 
soon  after  Gallia  Comata  or  Ulterior,  from  the  Senate ;  the 
fathers  being  afraid,  lest,  if  tney  refused  it,  the  people  should 
grant  him  tliat  too,  Suet.  Jul.  22.  Plutarch:  in  vita  Cas> 
But  diis  corruption  and  contempt  of  the  Senate  at  last  ter- 
minated in  the  total  subversion  of  public  liberty. 

Cicero  imagined,  that,  in  his  consulship,  he  had  establish- 
ed the  authority  of  the  Senate  on  a  solid  basis,  by  uniting  it 
with  the  equestrian  order,  Cic.  Cat.  iv.  10-  Pis.  3.  thus  con- 
stituting  what  he  calls  Optima  Respublica  ;  quis  sit  in 
potestatum  optimorum,  i.  e.  nobilium  et  ditissimorumy  de 
Legg.  iii.  17.  (^?«rr«y-^aTf.a)  and  ascribcs  the  ruui  of  the  re- 
public to  that  coalition  not  being  preserved,  Att.  i.  14.  16. 
But  it  was  soon  after  broken,  (ordinum  concordm  disiuncta 

F  •  ' 


26  ROMAN  ANl'IQUITIES- 

estf  Cic,  Att.  i.  13.)  by  the  Senate  refusing  io  release  the  E- 
qiiites  from  a  disadvantageous  contract  concerning  the  Asi- 
atic revenues,  Cic.  Att.  i.  17.  which  gave  Csesar,  when  con- 
sul, an  opportunity  of  obliging  that  order,  by  granting  their 
request,  as  he  had  formerly  obliged  the  populace  by  an  agra- 
rian law,  Suet.  CVj.  20.  Cic.  Att.  i.  15.  and  thus  of  artfully 
employing  the  wealth  of  the  republic  to  enslave  it,  Dio. 
xxxviii.  1.  &,  7.  See  Leges  Juli^.  The  Senate  and  .E- 
quites  had  been  formerly  united,  Sallust.  Jug.  42.  and  were 
.afterwards  disjoined  from  similar  motives.  See  Lege& 
Semproni^,  dejudiciis. 

Augustus,  when  he  became  master  of  the  empire,  retained 
the  forms  of  the  ancient  republic,  and  the  same  names  of 
the  magistrates ;  but  left  nothing  of  the  ancient  virtue  and! 
liberty,  {prisci  et  intcgri  moris^)  Tacit.  Ann.  i,  3.  While  he 
pretended  always  to  act  by  the  authority  of  the  Senate,  he 
artfully  drew  every  thing  to  himself, 

Tiberius  apparently  increased  the  power  of  the  Senate, 
by  transferring  the  right  of  creating  magistrates  and  enacting 
laws  from  the  ^-owiVza  to  the  Senate.  Tacit.  Ann.i.  15.  Incon- 
sequence of  which,  the  decrees  of  the  Senate  obtained  the 
force  of  laws,  and  were  more  frequently  published.  But  this 
was  only  a  shadow  of  pov/er.  For  the  Senators  in  giving 
their  opinions  depended  entirely  on  the  will  of  the  prince: 
and  it  was  necessary  that  their  decrees  should  be  confirmed 
by  him.  An  oration  of  the  emperor  was  usually  prefixed  to 
them,  v/hich  was  not  always  delivered  by  himself,  but  was 
usually  read  by  one  of  the  quaestors,  who  were  called  Can- 
did ati,  Suet.  Tit.  6.  Aug.  65.  Hence  what  was  appointed 
by  the  decrees  of  the  Senate,  was  said  to  be  oratione princi-^ 
pis  cautitm  ;  and  these  orations  are  sometimes  put  for  thf 
decrees  of  the  Senate.  To  such  a  height  did  the  flattery  of 
the  senators  proceed,  that  they  used  to  receive  these  speech- 
es with  loud  acclamations,  Plin.  Faneg.  75.  and  never  failed 
to  assent  to  them ;  which  they  commonly  did  by  crying  out 
Omnes,  Omnes,  Vospisc.  in  Tacit.  7. 

The  messages  of  the  Emperors  to  the  Senate  were  called 
£PISTOLiE  or  LlBELLI ;  because  they  were  folded  iu 
the  form  of  a  letter  or  little  book.  J.  Caesar  is  said  to  have 
first  introduced  these  libdlif  Plutarch,  in  Vita  Gt*.?.  Suet. 


The  Senate.  £>V 

Jul,  56.  which  afterwards  came  to  be  used  almost  on  every 
occasion,  Suet.  Jul.  81.  ylug.  53,  &.  84.  Tacit.  Annalvw 
39. 

But  the  custom  of  referring  every  thing  to  the  Senate, 
iSurt.  Tib.  30.)  was  only  observed  till  the  Romans  became 
habituated  to  slavery. 

After  this  the  Emperors  gradually  began  to  order  what 
they  thouglit  proper,  witliout  consulting  the  senate ;  to  ab. 
rogate  old  laws  and  introduce  new  ones ;  and,  in  short,  to 
determine  every  thing  according  to  their  own  pleasure  ;  by 
their  answers  to  the  applications  or  petitions  presented  to 
them,  {per  RESCRIPTA  ad  hbellos)  ;  by  their  mandates 
and  laws,  (ptr  EOICTA  et  CONSTITUTIONES,)  &c. 
Vespasian  appears  to  have  been  the  first  who  made  use  of 
these  rescripts  and  edicts.  They  became  more  frequent 
under  Hadrian  :  from  which  time  the  decrees  of  the  Sen- 
ate concerning  private  right  began  to  be  more  rare  ;  and  at 
length  under  Caracalla  were  entirely  discontinued. 

The  Constitutions  of  the  Emperors  about  punishing  or 
rewarding  individuals,  which  were  not  to  serve  as  prece- 
dents, were  called  PRIVILEGIA,  (quasi/; r?W  leges,)  A, 
Gell.  X.  20.  This  word  anciently  used  to  be  taken  in  a  bad 
sense  ;  for  a  private  law  about  inflicting  an  extraordinary 
punishment  on  a  certain  person  without  a  trial,  Cic.  de  Legg. 
iii.  19.  as  the  law  of  Clodius  against  Cicero,  Cic.  fj?'o  Dom, 
17.  which  Cicero  says  was  forbidden  by  the  sacred  lavvs 
and  those  of  the  twelve  tables,  Legis  privatis  hominibus  ir- 
rogari :  id  est  enim  privilegium,  Ibid,  et  pro  Sext.  30. 

The  rights  or  advantages  {Jbeneficia)  granted  to  a  certain 
condition  or  class  of  men,  used  also  to  be  called  Privile- 
GiA  ;  Plin.  X.  S&^  57,  110.  as,  the  privileges  of  soldiers.,  pa- 
rents, pupils,  creditors,  &c. 

The  various  laws  and  decrees  of  the  Senate,  whereby  su- 
preme power  was  conferred  on  Augustus,  and  which  used  to 
be  repeated  to  the  succeeding  Emperors  upon  their  acces- 
sion to  the  empire,  {.Turn  Senatus  omnia,  principibus  so- 
li t  a  ,  Vespasiano  decrevit,  Tacit.  Hist.  iv.  3 . )  when  taken  to- 
gether are  called  the  Royal  law ;  (LEX  REGIA,  vel  LEX 
IMPERII,  et  AUGUSTUM  PRIVILEGIUM;)  proba- 
bly in  allusion  to  the  law,  by  which  supreme  power  w»s 
granted  to  Romulus,  Liv,  xxxiv.  6* 


^8  ROMAN  ANTIQUITIES. 

TheEQUITES, 

THE  Equites  at  first  did  not  form  a  distinct  order  in  the 
State.  When  Romulus  divided  the  people  into  three 
tribes,  he  chose  from  each  tribe  100  young  men,  the  mos.t 
distinguished  for  their  rank,  their  wealth,  and  other  accom- 
plishments,  who  should  serve  on  horseback,  and  whose  as- 
sistance he  might  use  for  guarding  his  person.  These  300 
horsemen  were  called  CELERES,  (j<»)chi  ivt  rx  i^-yx,  ad 
opera  veloces,  Dionys.  ii.  13.  vel.  a  aexm,  equf^s  desultornis ; 
vel  a  Celere,  eorum  prafecto^  Festus) ;  and  divided  into 
three  centuries,  which  were  distinguished  by  the  same  names 
with  the  three  tribes  ;  namely  RAMNENSES,  TATIEN^ 
SES,  and  LUCERES. 

The  number  of  the  Equites  was  afterwards  increased,  first 
by  Tullus  Hostilius,  who  chose  300  from  the  Albans,  {de- 
cern turmas :  TURMA,  quasi  terma  dicta  est,  quodter  de- 
nis  equitibus  constaret,  Varroet  Festus.)  Liv.  i.  30.  then  by 
Tarquinius  Priscus,  who  doubled  their  number,  {Numero 
alti^ntm  tantum  adjecit ;)  retaining  the  number  and  names 
of  the  centuries ;  only  those  who  were  added,  were  called 
Ramnenses,  Tatiensis,  Luceresy  posteriorcs.  But  as  Livy 
says  there  were  now  1800  in  the  three  centuries,  Tarquiii 
seems  to  have  done  more  than  double  them;  Liv.  i.  ^6. 

Servius  Tullius  made  eighteen  centuries  oi  Equites.  He 
chose  twelve  new  centuries  from  the  chief  men  of  the  state, 
and  made  six  others  out  of  the  three  instituted  by  Romulus- 
Ten  thousand  pounds  of  brass  were  given  to  each  of  them 
to  purchase  horses  ;  and  a  tax  was  laid  on  widows,  who  were 
exempt  from  other  contributions,  for  maintaining  their 
horses,  Liv.  i.  43.  Hence  the  origin  of  the  Equestrian  order, 
which  was  of  the  greatest  utility  in  the  State,  as  an  interme- 
diate bond  between  the  Patricians  and  Plebeians. 

At  what  particular  time  the  Eqmtes  first  began  to  be  reck^ 
oned  a  distinct  order,  is  uncertain.  It  seems  to  have  been 
before  the  expulsion  of  the  kings,  Liv.  ii.  1.  After  this  all 
those  who  served  on  horseback  were  not  properly  called  E 
QUITES  or  knights,  but  such  only  as  were  chosen  into 
,'he  equestrian  order,  usually  by  the  Censor,  and  presented 


The  Eq^iriTEs.  29 

by  him  with  a  horse  at  the  public  expence,  and  with  a  gold 
ring. 

The  Eqmtes  were  cliosen  promiscuously  from  the  Patri- 
cians and  Plebeians.  Those  descended  from  ancient  fami- 
lies were  called  ILLUSTRES,  SPECIOCI,  SPLENDL 
DI.  They  were  not  limited  to  any  ffxed  number.  The  age 
requisite  was  about  eightce.*  years,  Dio.  lii.  20.  and  the  for- 
tune {census)  at  least  towards  the  end  of  the  republic,  and 
under  the  Emperors,  was  400  Sestertia^  that  is,  about 
L.o229 sterling, ^ora^£/;.i.  l.57.FIin.Ep.  1 19.  According 
to  some,  every  Roman  citizen  whose  entire  fortune  amount- 
ed to  that  sum,  was  every  lustrum  enrolled,  of  course  in  the 
list  of  Equites.  But  that  was  not  always  the  case,  Liv,  v. 
7.  A  certain  fortune  seems  to  have  been  always  requisite, 
Liv.  iii.  27. 

The  badges  o{ Equites  were,  1.  A  horse  given  them  by  the 
public  ;  hence,  called  legitimus,  Ovid.  Fast.  iii.  130.2.  A 
golden  ring,  whence  a  n  n  u  l  o  a  u  r  £  o  d  o  n  a  r  i ,  for  inte?'  e~ 
quitcs  legi;  3.  Augustus  Clavus^  or  Tunica  angusticlavia;  4. 
A  separate  place  at  the  public  spectacles,  according  to  thelaw^ 
made  by  L.  Roscius  Otho,  a  tribune  of  the  people,  A.  U. 
686,  Dio.  xxxvi.  25.  Juvenal,  iii.  159.  xiv.  324.  that  the 
Equites  should  sit  in  14  rows  (m  XIV  gradi  bus,)  next  to  the 
Orchestra,  where  the  Senators  sat ;  whence  Sedere   ik 

QUATUORDECIM,  Or  IN  EqUESTRIBUS  ;  Or  SPECTARE  iu 

Eq^uiTE,  (or  Equitem  esse,  Suet. 

Xhe  office  (MUNUS)  of  the  Elquites  at  first  was  only  to 
serve  in  the  army ;  but  afterwards  also  to  act  as  judges  or 
jurymen,  (utjudicarent,)  and"  to  farm  the  public  revenues, 
(vECTiGALiAcoNDucERE.)  Judgcs wcrc choscn from the 
Senate  till  the  year  of  the  city  631,  at  which  time,  on  account 
of  the  corruption  of  that  order,  the  right  of  judging  was 
transferred  from  them  to  the  Equites,  by  the  Sempronian  law 
made  by  C.  Gracchus.  It  was  again  restored  to  the  Senate 
by  Sylla  ;  but  afterwards  divided  between  the  two  orders. 

The  Equites  who  farmed  the  revenues  were  divided  into 
certain  societies,  and  he  who  presided  in  such  a  society, 
was  called  MAGISTER  SOCIETATIS,  Cic.  Fam.  xiii. 
9.  These  farmers  (PUBLIC  ANI)  were  held  in  sucli  respect 
U  Rome,  that  Cicero  calls  them  Homines  amiilissimi,  honestis- 


3®  ROMAN  ANTIQUITIES. 

simi,  et  ornatissimi ;  pro  lege  Manil.  7.  Flos  equitum  Homu- 
norwn,  ornamentiwi  civitatis^Jirmamentumreipublica^pro 
Plancio,  9.  But  this  was  far  from  being  the  case  in  the  pro- 
vinces, where  publicans  were  held  in  detestation,  Ascon.  in 
Cic^  Verr.  ii.  3.  especially  their  servants  and  assistants. 

A  great  degree  of  splendor  was  added  to  the  Equestrian 
order  by  a  procession,  (TRANS-VECTIONE),  which  they 
made  thro'  the  city  every  year  on  the  ISthday  of  July,  {Idihus 
Quinctiiibus,)  Liv.  ix.  46.  from  the  temple  of  Honour,  or  of 
Mars,  without  the  city,  to  the  Capitol,  riding  on  horseback, 
with  wreaths  of  olive  on  their  heads,  drest  in  their  Tog(EpaU 
matce^  or  trahea^  of  a  scarlet  colour,  and  bearing  in  their  hands 
the  military  ornaments  which  they  had  received  from  their 
general,  as  a  reward  for  their  valour,  Dionys>  vi.  13.  At  this 
time  it  was  not  allowable  to  cite  them  before  a  court  of  jus- 
tice ;  such  at  least  was  tlie  case  under  Augustus,  Suet.  Aug, 
38. 

Every  fifth  year,  when  this  procession  was  made,  the  E- 
Quites  rodG  up  to  the  Censor  seated  in  his  curule  chair,  before 
the  Capitol ;  and,  dismounting,  led  along  (traducebant) 
their  horses  in  their  hands  before  him,  and  in  this  manner 
they  were  reviewed,  (RECOGNOSCEBANTUR.) 

If  any  Eques  was  coiTupt  in  his  morals,  or  had  diminish- 
ed his  forturie,  or  even  had  not  taken  proper  care  of  his  horse, 
Gell.  iv.  20,  the  Censor  ordered  him  to  sell  his  horse,  Liv, 
xxix.  37.  and  thus  he  was  reckoned  to  be  removed  from  the 
equestrian  order  ;  hence  ADIMERE  EQUUM,to  degrade 
an  Eques.  But  those  whom  the  Censor  approved,  \vere  or. 
dered  to  lead  along  (^/Wwccr^)  their  horses,  Ovid.  Trist.'ii.  89. 

At  this  time  also  the  Censor  read  over  a  list  of  the  Equi- 
fes,  and  such  as  were  less  culpable  {qui  minore  culpa  tene- 
rentur)  were  degraded,  (ordine  e^uestri  moti  sunt,) 
only  by  passing  over  their  names  in  the  recital.  Suet.  Cal. 
16.  We  find  it  mentioned  as  a  reward,  that  a  person  should 
not  be  obliged  to  serve  in  the  armj^  nor  to  maintain  a  public 
horse,  {ne  invitus  militaret^  neve  Censor  ei  equum  publicum 
assi^naret  ;^  but  this  exemption  could  be  granted  only  by 
the  people,  Liv.  xxxix.  19. 

The  Eques  whose  name  was  first  marked  in  the  Censor's 
books,was  called  EQUESTRIS  ORDINIS  PRINCEPS. 


TheFLEBEiAU  or  Popular  Order.'  31 

JPlin.E;).i,  14.  or  PRINCEPS  JUVENTUTIS;  notthat 

in  reality  tiic  Equites  were  all  joung  n  en  ;  tor  many  grew 
old  ill  that  order,  as  Maecenas  and  Atiicus  ;  and  wc  find  the 
t\v«)  Censors,  Livius  and  AVro,  were  Equitfs,  Liv.  xxix. 
37.  but  because  they  had  been  generally  so  at  their  fir^^t  insti- 
tution ;  and  among  the^  Romans  men  were  callpd  Jicvenes  till 
near  fifty.  Hence  we  find  Julius  Caesar  called  Adulescen, 
tidu.'i,  when  he  stood  candidate  fi^r  being  high-priost,  although 
he  w  as  then  thirty-  six  years  old,  Sail.  Cat.  49.  And  Cicero 
called  h\msv\^  Adoldesccns  when  he  was  Consul.  Phil.  ii. 
5.  Under  the  Emperors,  the  heirs  of  the  empire  were  called 
Principes  Juventutis,  Suet.  Calig.  15.  vel  juvenum^  Ovid, 
Pont.  ii.  5.  41.  ^  We  find  this  name  also  applied  to  the  whole 
Equestrian  order,  Liv.  xlii.  61. 

The  PLEBEIAN  or  POPULAR  Order. 

ALL  the  other  Roman  citizens^  besides  the  Patricians  and 
Equites,  were  called  PLEBS  or  POPULUS.  Potmlus 
sometimes  comprehends  the  whole  nation  ;  asCLEMENXiA 
RoMANi  popuLi ;  or  all  the  people  except  the  Senate  ;  as, 
Senatus  popuLusquE  RoMANUs.  In  which  last  sense 
plebs  is  also  often  used ;  as  when  we  say,  that  the  Consuls  were 
created  from  the  plebeians^  that  is,  from  those  who  were  not 
Patricians.  But  plebs  is  usually  put  for  the  lowest  common 
people;  htncG^ad populumplebemque  referre^  Cic.  Fam.vm. 
8.  so  Gell.  X.  10.  Thus  Horace,  Plebs  <?m,i.  e.  iinuse  plebe, 
a  plebeian,  not  an  Eques,  Ep.  1. 1.  59.  who  also  ustsplcbsfoT 
the  whole  people,  Od.  iii.  14.  1. 

The  common  people  who  lived  in  the  country,  and  culti- 
vated the  ground,  were  called  PLEBS  RUSTICA,  Liv. 
ivxxv.  1.  Anciently  the  Senators  also  did  the  same,  Cic.  de 
Sen.  16.  but  not  so  in  after  times,  Liv.  iii.  26.  The  common 
people  who  lived  in  the  city,  merchants,  mechanics,  &.c. 
Ctc.  Off.  i.  4-2.  were  called  PLEBS  URBANA,  Sail.  Cat. 
37.  Both  are  joined, /<{>. /«5-.  73. 

The  Plebs  rustic  a  was  the  most  respectable,  (optima 
et  modestissima,  Cic.  Pull.  ii.  31.  laudatissima.,  Plin.  18.  2>.^ 
The  Plebs  urbana  was  composed  of  the  poorer  citizens, 
many  of  whom  followed  no  trade,  but  were  supported  by  the 


32  ROMAN  ANTIQUITIES. 

public  and  private  largesses,  Qos  publicum  mahim  alebat ; 
Sail.  Cat.  370  In  the  latter  ages  of  the  republic,  an  immense 
quantity  of  corn  was  annually  distributed  among  themat  the 
public  expence,  five  bushels  monthly  to  each  man,  Sallust 
fragm.  edit,  Cortii^  p.  974.  Their  principal  business  was  to 
attend  on  the  tribunes  and  popular  magistrates  in  their  assem- 
blies ;  hence  they  were  called  torbaforensis.  Liv.  ix  46. 
and  from  their  venality,  and  corruption,  Ope  r^  conducts 
y€imercenarii^  in  allusion  to  mercenary  workmen,  Cic.  Sext. 
17,  &  27.  Q,.fratr.  ii.  1.  Att.  i.  13.  Oper^e  conducto- 

RUM,  Sext,  50.  MULTITUDO  CONDUCT  A,  PM.  1.  9.  CON- 

cioNEs  coNDUcTiE,  Sext.  49,and  53.Concionalis  hi- 
RUDo  ararii^  tnisera  ac  jejuna  plebecula,  Att.'i.  16.  FtEX 
ET  soRDEs  uRBis,  lb,  13.  Urbana  6"^  pevdlta  Plebs, 
Id.  vii.  3. 

Cicero  often  opposes  the  populace,  ipopulusy  plebs.,  multi- 
ttido,  tenuiores,  &c.)  to  the  principal  nobility,  (prince/) e*  de- 
lecti,  Optimates  et  Optimatiutn  principes,  honesti,  boni  locu- 
pletes.,  ^c.)  Cic.  Sext.  48.  68,  &c. 

There  were  leading  men  among  the  populace,  {duces  multi- 
tudinum,)  kept  in  pay  by  the  seditious  magistrates,  who  used 
for  hire  to  stimulate  them  to  the  most  daring  outrages,  Sul- 
lust.  Cat.  50.  Cic.  Sext,  37.  46.  The  turbulence  of  the 
common  people  of  Rome,  the  natural  effect  of  idleness  and 
unbounded  licentiousness,  is  justly  reckoned  among  the  chief 
causes  of  the  ruin  of  the  republic.  Trade  and  manufactures 
being  considered  as  servile  employments,  Sallust.  Cat.  4» 
Dionys.  ix.  25.  they  had  no  encouragement  to  industrj'^ :  and 
the  numerous  spectacles,  which  were  exhibited,  particularly 
the  shews  of  gladiators,  served  to  increase  their  natural  fero- 
city. Hence  they  were  always  ready  to  join  in  any  conspira- 
cy against  the  state,  Sallust,  Cat.  37. 

Other  DIFISIOjYS  of  the  ROMAN  PEOPLE. 

1  PATRONS  and  CLIENTS ;  NOBILES,  NOVI,  and 
IGNOBLES;  OPTIMATES  awrfPOPUL ARES. 

HAT  the  Patricians  and  Plebeians  might  be  connected 

together  by  the  strictest  bonds,  Romulus  ordained  that 

very  Plebeian  should  choose  from  the  Patricians  any  one  he 


T 


NCBILES,   NOVI,   ICNOBLES,    &C.  23 

iileased,  as  his  PATRON  or  protector,  whose  CLIENT  he 
was  called,  {quod  eum  coiebat).  It  was  the  part  of  the  Patron 
to  advise  and  to  defend  his  client  ;  to  assist  him  with  his  in- 
terest and  substance  ;  in  short  to  do  every  thing  for  him  that 
a  parent  uses  to  do  for  his  children.  The  Client  was  obliged 
to  pay  all  kind  of  respect  to  his  Pcitron,  and  to  serve  him 
with  his  life  and  fortune  in  any  extremity,  Dionys,  ii.  10. 

It  was  unlawful  for  Patrons  and  Clients  to  accuse  or  bear 
witness  against  each  other :  and  whoever  was  found  to  have 
acted  otherwise,  might  be  slain  by  any  one  with  impunity,  as 
a  victim  devoted  to  Pluto  and  the  infernal  gods.  Hence  both 
Patrons  and  Clients  vied  with  one  another  in  fidelity  and  ob- 
servance :  and  for  more  than  600  years  we  find  no  dissen- 
sions between  them,  Ibid.  Virgil  joins  to  the  crime  of  beat- 
ing one's  parent  that  of  defrauding  a  client,  ^n.  vi.  605.  It 
was  esteemed  highly  honourable  for  a  Patrician  to  have  nu- 
merous clients,  both  hereditary,  and  acquired  by  his  own 
merit.  Horat.  Ep.  ii.  1.  103.  Juvenal,  x.  44. 

In  after  times,  even  cities  and  whole  nations  were  under 
the  protection  of  illustrious  Roman  families ;  as  the  Sicilians 
under  the  paironage  of  the  M^ircelli,  Cic.  in  Ccscil.  4.  Fcrr. 
iii.  18.  Cyprus  and  Cappudocia  under  that  of  Cato,  Cic, 
Fam.  XV.  4.  the  Allobroges  under  the  patronage  of  the  Fabii, 
Sallust.  Cat.  41.  the  Bononienses,  of  the  Antonii,  Suet.  Aug, 
17.  Lacedj3emon,  of  the  Claudii,  Id.  Tib.  6.  Thus  the  peo- 
ple of  Puteoli  chose  Cassius  and  the  Bruti  for  their  patrons, 
Cic.  Phil.  ii.  41.  Capua  chose  Cicero,  Cic.  Fis.  11.  Fam, 
xvi.  11,  &c.  This  however  seems  to  have  taken  place  also 
at  an  early  period,  Liv.  ix.  20,  &c. 

Those  who,  or  whose  ancestors,  had  borne  any  Curule 
magistracy,  that  is,  had  been  Consul,  Pr^tor,  Censor,  or 
Curule  yEdile,  were  called  NOBILES,  and  har^  the  rightof 
making  images  of  themselves,  (JUS  IMAGINUM,)  which 
were  kept  with  great  care  by  their  posterity,  and  carried  be- 
fore  them  at  funerals,  Plin.  xxxv.  2. 

These  images  were  nothing  else  but  the  busts  or  the  effi- 
gies of  persons  down  to  the  shoulders,  made  of  wax  and 
painted ;  which  they  used  to  place  in  the  courts  of  their 
houses,  iatria,)  inclosed  in  wooden  cases,  and  seem  not  to 
liavc  brought  them  out  except  on  sokrau  occasions,  Folyb, 

G 


34  ROMAN  ANTIQUITIES. 

vi.  51.  There  were  titles  or  inscriptions  written  below  iTiemg 
pointing  out  the  honours  they  had  enjoyed,  and  the  exploits 
they  had  performed,  {.Juvenal,  viii  69.  Plin.  xxxv,  2.) 
lAexiQj^  imagines  is  often  put  for  nobilitasy  Sallust.  Jui^  85. 
JLiv,  iii.  58.  and  €er(e  for  imagines,  Ovid.  Amor.  i.  8.  65. 
Anciently  this  right  of  images  was  peculiar  to  the  Patrici- 
ans :  but  afterwards  the  Plebeians  also  acquired  it,  wheri 
admitted  to  curule  offices. 

Those  who  were  the  first  of  their  family  that  had  raised 
themselves  to  any  curule  office,  were  called  Homines  NO- 
VI,  new  men  or  upstarts.  Hence  Cicero  calls  himself,  Ho- 
mo t)er  se  cognitus,  i->  Cat.  ill. 

Those  who  had  no  images  of  their  own  or  of  their  ances- 
tors, were  called  IGNOBLES. 

Those  who  f  n'onred  the  interests  of  the  Senate  were  call- 
ed OPTIMATES,  Liv.  ii.  39.  and  sometimes  Proceres 
or  Principes.  Those  who  studied  to  gain  the  favour  of  the 
multitude,  were  called  POPULARES,  of  whatever  order 
they  were,  Cic.  pro  Sext.  45.  This  was  a  division  olfac- 
tions, and  not  of  rank  or  dignity,  Dionys.  ix.  1.  The  con- 
tests betwixt  these  two  parties  excited  the  greatest  com- 
motions in  the  state,  which  finally  terminated  in  the  extinc- 
tion of  liberty. 

II.  GENTES  amlYAMllAIE  ;  Names  of  the  Romans s 
INGENUI  a;z(/LlBERTlNl,  ^c. 

THE  Romans  were  divided  into  various  clans,  (GEN- 
TES,) and  each  gens  into  several  families,  (in  Fami» 
LIAS  V.  Stirpes.)  Tlius  in  the  Gens  Cornelia^  were  the  fami- 
lies of  the  ScipioneSi  fjentuli,  Cethegiy  Dolabellie.,  Cinna, 
Syllce.,  is'c.  Those  of  the  same  gens  were  called  GEN- 
TILES, and  those  of  the  same  family  AGNATI,  Cic.  Top. 
c.  6.  Festus  i?t  voce  G^iiTiLis.  But  relations  by  the  fa- 
ther's side  were  also  called  Agnatic  to  distinguish  them  from 
Cognati,  relations  only  by  the  mother's  side.  An  Agndtus 
might  also  be  called  Cognatus^  but  not  the  contrary.  Thus 
patruus,  the  father's  brother,  was  both  an  agnatus  and  cog" 
natus :  but  avunculus^  the  mother's  brother,  was  only  ? 
rognatifSi  Digest. 


Gkntes,  Familt^,  &c.  3^ 

Anciently  Patricians  only  were  said  to  have  a  ^ens,  Liv» 
X.  8.  Hence  some  Patricians  were  said  to  be  majornm  gen- 
tium, and  others  minorum  gentium,  Cic.  Fam.  ix.  21.  But 
when  tlie  Plebeians  obtained  the  right  of  intermarriage  with 
the  Patricians,  and  access  to  the  honours  of  the  State,  they 
likewi-sc  received  the  rights  of  gentesy  {jura  gentium,  vel 
gentilia  ;)  which  rights  were  the.  s.'.id  to  be  confounded  by 
these  innovations,  Lw.  iv.  1,  &c.  Hence,  however,  some 
gentes  were  Patrician,  and  others  Plebeian  :  and  sometimes 
in  the  same  gens  there  were  some  families  of  Patrician  rank, 
and  others  of  Plebeian,  iS'/^e^.  Tib.  1.  Wcnct  2i\so  sine  gente, 
for  libertinus  et  non  generosus,  ignobly  born,  Horat.  Sat.  ii. 
5.15. 

To  mark  the  different  gentes  and  families,  and  to  distin- 
guish the  individuals  of  the  same  family,  the  Romans,  at 
lenst  ^hi"  more  noble  of  them,  had  commonly  three  names, 
the  Prcenomen,  Nomen,  and  Cognomen,  Juvenal,  v.  126. 

The  PRiENOMEN  was  put  first,  and  marked  the  indi- 
vidual. It  was  commonly  written  with  one  letter;  as  A, 
for  Aulus  ;  C.  Caius  ;  D.  Decimus  ;  K.  Keeso  ;  L.  Luci- 
us :  M.  M.<rcus  ;  M.  Manius  ;  M,  Numerius  ;  P.  Pub~ 
lius  ;  Q.  Quintus  ;  /'.  Titus  ;  sometimes  with  two  letters  / 
as,  Ap.  A'opius  ;  Cn.  Cneius ;  Sp,  Spurhis ;  Ti.  Tibe- 
nu.\  ;  and  sometimes  with  three  ;  as.  Mam.  Mamercus  ; 
Ser-  Serviics ;  Stx.  Sexfus. 

The  NOMEN  was  put  after  the  Pranomen,  and  marked 
li}[\^  gens,  and  commonly  ended  in  ius;  as,  Cornelius^  Fabius, 
Tullius,  Julius,  Octavius,  Sec. 

The  COGNOMEN  was  put  last,  and  marked  Xhtfami- 
lia ;  as,  Cicero,    Ctcsar,  &.c. 

Thus  in  Publius  Cornelius  Scipio,  Publius  is  the  Prceno- 
men  ;  Cornelius,  the  Nomen  ;  and  Scipio,  the  Cognomtn. 

Some  gentes  seem  to  have  had  no  sir-name  ;  ns,  the 
Marian  :  Thus,  C.  Marius,  Q.  Sn'torius,  L.  Mummius, 
Plutarch,  in  Mario.  Gens  ■and/amilia  seem  sometimes  to  be 
put  the  one  f<jr  the  other :  Thus,  Fabia  gens,  v,  famiiia, 
Liv.  ii.  49. 

S  )metimes  there  was  also  a  fourth  name,  called  the  AG- 
NOMEN or  Cognomen^  added,  from  some  illustrious  ac- 


5g  ^OMAN  ANTIQUITIES. 

tion  Of  remarkable  event.  Thus  Scipio  was  named  Africa^ 
nus,  from  the  conqMest  of  Carthage  and  Africa.  On  a  snniiar 
account,  his  brotntr  Lucius  Cornelius  Scipio  was  named 
Asiaticus.  vSo  Quintus  Fabius  Maximus  was  called  Cunc- 
tator^  from  his  checking  the  impetuosity  of  Hannibal  by  de- 
clining battle.  We  find  likewise  a  second  Agnomen  or  Cog- 
nomen  added  ;  th'>s.  the  latter P«/6/mjr  Cornelius  Scipio  Afri^ 
canus  is  called  j^mrlianus^  because  he  was  the  son  ot  L. 
EiUilius  Paulus,  and  adopted  by  the  son  of  the  great  Scipio, 
who  had  no  chii<  iren  of  his  own.  But  he  is  commonly  ca)l- 
ei  by  authors  Africanua  Minor.,  to  distinguish  him  from  the 
fcvmer  Sc:pio  Africanus. 

Th^:"  Romans  at  first  seem  to  have  had  but  one  name  ;  as, 
R'WfuluSy  Remus,  &c.  ort>v'0  ;  as,  Numa  Pompilms,  Vid- 
lus  HostiliuSy  Ancus  Martins,  Tdrqumius  Pi'iscus,  Servius 
Tullius,  SdXtus  Tarquinius.  But  when  they  were  divided 
into  tribes  or  clans  and  families,  in  (gentes  etfumilias)  they 
began  commonly  to  have  three  ;  as,  L.  Junius  Brutus,  M, 
Valerius  Poplicola,  &c. 

The  ttiree  names,  however,  were  not  always  used  ;  com- 
jTiOnly  two,  and  sometimes  only  one,  namely,  the  sir-name, 
Sail.  Cat.  \T.  Cic.  Epist.  passim.  But  in  speaking  to  any 
one,  ihe  pr^snomen  vv  as  generally  used,  as  being  peculiar  to 
citizens  ;  for  slaves  had  no  prcenomen.  Hence,  Gaudent 
prc^nomine  molhs  auriculce,  Hor.  Sat.  ii.  5.  32. 

The  sir- names  were  derived  from  various  circumstances, 
either  from  some  quality  of  the  mind  ;  as,  Cato  from  wis- 
dom, i.  e.  Catus,  wise,  C?r.  de  Sen.  2,  &c.  or  from  the  habit 
of  the  body,  as,  Calvus,  Crassus,  Mac^r,  &c.  or  from  culti- 
vating particular  fruits,  as,  Xc«^«/«j,  Piw,  Cicero,  he.  Cer- 
tain sir-names  sometimes  gave  occasion  to  jests  and  witty 
allusions  ;  thus,  Asina,  Hor.  Ep.  i.  13.  9.  So  Strranus  Ca-- 
iatinus,  Cic.  pro  Sext.  33.  Hence  also,  iil  a  different  bcnsc, 
Virgil  says,  Fel  te  sulco,  Serrane,  strentem,  jEn.  vi.  844. 
for  Q.  Cincinnatus  \vas  called  Serranus,  because  the 
ambassadors  from  the  Senate  found  him  solving,  when 
they  brought  him  notice  that  he  was  made  dictator,  Plin 
xviii.-3. 

The  Prannmen  used  to  be  given  to  boj's,  on  the  9th  daj% 
which  was  called  d?€s  lustrrcus,  or  the  day  of  purification. 


Gkntes,  Tamilije.,  &c.'  57 

when  certain  religious  ceremonies  were  performed,  Macrob. 
Sat.  1.  16.  Suet.  jVer.  6.    The  eldest  son  of  the  funiily 
usually  got  the  Prirnomen  of  his  father  ;  the  rest  were  nam 
cd  from  their  uncles  or  other  relations. 

When  there  was  only  one  daughter  in  a  fimiily,  she  used  to 
be  called  from  the  name  of  the  gens ;  thus,  Tiillia^  the  daugh- 
ter of  Cicero  ;  Jiil^a,  the  daughter  of  Cnesar  ;  Octavia,  the 
sister  of  Augustus,  &c.  and  they  retained  the  same  name 
after  they  w  ere  married.  When  there  were  two  daughters, 
the  one  was  called  Major,  and  the  other  Minor  ;  thus,  Cor 
nelia  Major,  Cornelia  Minor.  If  there  were  more  than  two, 
they  vvert-  distinguished  by  their  number  ;  thus,  Primal  Se- 
cunda,  Tt-rtia^  Quarta,  Quintan  ^c.  Varro  de  Lat,  lAngo 
viii.  38.  Suet,  Jul.  50.  Or  more  softly,  Tertulla,  Quartilla, 
Quintilla,  ^c.  Cic.  Att.  xiv.  20.  Women  seem  anciently  to 
have  also  had  praenomens,  which  were  marked  with  invert- 
ed letters  ;  thus  0  for  Caia,  T  for  Lucia,  &:c. 

During  the  flourishii-\g  state  of  the  republic,  the  names  of 
the  'gentes,  and  sir-names  of  the  familiiS  always  remained 
fixed  and  certain.  They  were  common  to  all  the  children 
of  a  family,  and  descended  to  their  posterity.  But  after 
the  subversion  of  libertj-,  they  were  changed  and  confound- 
ed. 

Those  were  called  LIBERT,  free,  who  had  the  power  of 
doing  what  they  pleased.  Those  who  were  born  of  parents 
•who  had  been  alwavs  free,  were  called  INGENUI.  Slaves 
made  free  were  called  LIBERTI  and  LIBERTINI.  They 
were  called  Libtrti  in  relation  to  their  masters,  and  Liber- 
f.ini  in  relation  to  free-born  citizens  ;  thus,  Libertus  meus, 
Jibertus  Casaris,  2Xid  not  libertinus ;  but  libertinus  homot 
i.  e.  non  ingenuus. 

:  Some  think  that  Libertini  were  the  sons  of  the  Liberti^ 
from  Suetonius,  Claud.  24.  who  says,  that  they  were  thus 
called  anciently  :  so  Isidor.  ix.  4.  but  this  distinction  never 
occurs  in  the  classics.  On  the  contrary,  we  find  both  words 
applied  to  the  same  person  in  writers  who  flourished  in  dif- 
ferent ages.  Plaut-  Md.  Glor.  iv.  I.  15,  &  16.  Cic.  in  Ferr. 
i.  47.  Those  whom  Cicero,  de  Orat.  i.  9.  calls  Libertini, 
Livy  makes  qui  servitutem  servhsent.  45.  15.  Hence  Sen- 


SS  llOMAN  ANTIQUITIES. 

eca  often  contras  s  Strvi  et  Ijiberi,  ingenui  et  Libeftini,  d€ 
Fit,  Beat.  24.  Ep.  31.  &c. 

SLAVES, 

MEN  became  slaves  among  the  Romans,  by  being  taken 
in  war ;  by  sale  ;  by  way  of  punishment :  or  by  being 
born  in  a  state  of  servitude,  {^Strv'i  aut  nascebantur  nuxjiebant. 

1.  Those  enemies  who  voluntarily  laid  down  their  anns, 
and  surrendered  themselves,  retained  the  rights  of  freedom, 
and  were  called  DEDITITIT,  Lzv.  vii.  31.  C^s.  i.  27.  But 
those  taken  in  the  field,  or  in  the  storming  of  cities,  were  sold 
by  auction  (siib  corofia,  as  it  was  termed,  Liv  v.  22,  See.  be- 
cause they  wore  a  crown  when  sold  ;  or  sub  basta,  because  a 
spear  was  set  up  ^^•here  the  crier  or  auctioneer  stood.)  They 
were  called  SERVI,  {quod esseiU  bello  servati,)Isidor.  ix.  4. 
or  MANCIPI A,(<7waj'2  manu  ca/jti,)  Furr.  L.  L.  v.  8. 

2.  There  was  a  continual  market  for  slaves  at  Romd. 
Those  who  dealt  in  that  trade  (iM  ANGONES  vel  VEN  A- 
LITII,  Cic.  Oral.  70.  qui  venales  habebant.  Flaut.  Tririm 
ii.  2.  51.)  brought  them  thither  from  Virions  countries.  Tne 
celler  was  bound  to  engage  for  the  soundness  of  his  slaves, 
and  not  to  conceal  their  faults,  Hurat.  Sat.  ii.  3. 285.  Hence 
they  were  commonly  exposed  to  sale  (f.-roducebantur)  naked  ; 
and  they  carried  a  scroll  (titulus  vel  inscriptio)  hanging  at 
their  necks,  on  which  their  good  and  bad  qualities  were  speci- 
fied, Gdl.  iv.  2.  If  the  seller  gave  a  false  account,  he  was 
bound  to  make  up  the  loss,  Cic.  Off.  iii.  16,  ik  17.  or  in  some 
cases  to  take  back  the  slave,  Ibid.  23.  Those  whom  the  sel- 
ler would  not  warrant,  (pr^estarej  were  sold  with  a  kind  of 
cap  on  their  head,  (pileat?.,  Gell.  vii.  4.) 

Those  brought  from  beyond  seas  had  their  feet  whitened 
with  chalk,  {cretatis  v.  gypsatis  pcdibus^  Flin.  Nat.  Hist. 
XXXV.  17,  &  18.  s.  58.  Tibull.  ii.  3.  64.j  and  their  ears  bor- 
cd,  {auribus  perforatis,)  Juvenal,  i.  104.  Sometimes  slaves 
were  sold  on  thiit  condition,  that  if  they  did  not  please,  they 
should  be  returned  {redhiberentur)  within  a  limited  time, 
Cic.  Off.  iii.  24.  Plant.  Most.  iii.  2.  113.  Festus.  Foreign 
slaves,  when  first  brought  to  the  city,  were  c  tiled  VE- 
NALES, or  Servi  novicii,  Cic. pro.  Quinct,  6.  Flin,  Ep, 


Slaves.  5» 

i.  21.  Quinctilian.  i.  12.  2.  viii.  2.  Slaves  who  had  served 

long,  and  hence  were  become  artful,  were  called  veteratores, 
TeTent.  Heaut.  v.  1.  16. 

It  was  not  laA'ful  tor  free-born  citizens  among  the  Ro- 
mans, IS  among  other  nations,  to  jell  themselves  for  blaves  : 
much  less  was  it  allowed  any  other  person  to  sell  free  men. 
But  as  this  gave  occasion  to  certain  frauds,  it  was  ordained 
by  a  decree  of  the  Senate,  that  those  who  allowed  themselves 
to  be  sold  for  the  sake  of  sharing  the  price,  should  remain  in 
slaverJ^  Fathers  might,  indeed,  sell  their  children  for  slaves : 
but  these  did  not,  on  that  account,  entirely  lose  the  rights  of 
citizens.  For  when  freed  from  their  slavery,  they  were  held 
as  Ingenui,  not  Libertini.  The  same  was  the  case  with  in- 
solvent debtors,  who  were  given  up  as  slaves  to  their  credi- 
tors, {in  servitutem  creditoribus  addicti)^  Quinctilian.  vi.  3, 
26.  V.  10,  60. 

3.  Criminals  were  often  reduced  to  slavery  by  way  of  pun- 
ishment. Thus  thf)se  who  had  neglected  to  have  themselves 
enrolled  in  the  Censor's  books,  or  refused  to  enlist,  {qm  cen- 
sum  aut  milituim  subterfugcrant,)  had  their  goods  confiscat- 
ed, and  after  being  scourged,  were  sold  beyond  the  Tiber, 
Cic.  pro  decina,  24.  Those  condemned  to  the  mines,  or  to 
light  with  wild  beasts,  or  to  any  extreme  punishment,  were 
first  deprived  of  liberty,  and  by  a  fiction  of  law,  termed 
slaves  of  punishment  (servi  poerne  fingebantur). 

The  children  of  any  female  slave  became  the  slaves  of  her 
master.  There  was  no  regul;tr  marriage  among  slaves  :  but 
their  connection  wascalledCONTUBERNIUM,and  them- 
selves, Contubernales.  Those  slaves  who  were  born  in  the 
house  of  their  masters,  were  called  VERNiE,  or  Fernaculi; 
hence  lingua  vernacula^  v-aris,  one's  mother  tongue.  These 
slaves  were  more  petulant  than  others,  because  they  were 
commonly  more  indulged,  Horat,  Sat.  ii.  6.  66. 

The  whole  company  of  slaves  in  one  house  was  called  FA- 
MILIA,  Nep.  Att.  13.  Cic.  Paradox,  v.  2.  {Familia  con- 
Stat  ex  servis  pluribus,  Cic.  Casin.  19.  Quindecim  Itberi /lo- 
mines^  populus  est ;  tntidem  servi^famiha  ;  totidem  vinctiy 
ergastuliim,  Apulei.  Apol.)  and  the  slaves,  Familiares^  Cic, 
pro  Coel.  23.  Pldut.Amphit.  Prnl.  126.  Uenccfamiliit  phi- 
Insophorum,  scc^s.  Cw.  ,fin.  iv.  18.  Divin.  ii.  1.  Att.  ii.  16. 
Sententia,  qu^/amiliamducitjHoNESTUU  qiTOD  sit,  id 


4t)  ROMAN  ANTIQUITIES. 

ESSE  SOLUM  BONUM,thechief  maxim  of  the  Stoics, /flf.^;*^ 
ii.  16.  Lucius  familiam  ducit^  is  the  chief  of  the  sect,  Id. 
Phil.  V.  11.  Accedit  etiam^  quod  familiam  ducit^  &c.  is  the 
chief  ground  of  praise,  Fam.  vii.  5. 

The  proprietor  of  slaves  was  called  Dominus,  Terent, 
JSun.  iii.  2.  23.  whence  this  word  was  put  for  a  tyrant,  Liv. 
ii.  60.  On  this  account  Augustus  refused  the  name,  Suet'> 
Aug.  53,    So  Tiberius,  Id.  Tib.  27.  Tacit.  Annai  27. 

Slaves  not  only  did  all  domestic  services,  but  were  like- 
wise employed  in  various  trades  and  manufactures.  Such  as 
had  a  genius  for  them,  were  sometimes  instructed  in  litera- 
ture and  the  liberal  arts,  {artibus  ingenuis  liberalibus  v.  ho~ 
nestisy  Cic.)  Horat.  Ep.  ii.  2.  7.  Some  of  these  were  sold 
at  a  great  price,  Plin.  vii.  39.  s.  40.  Senec.  Ep.  27.  Suet, 
Jul.  47.  Cic.  Rose.  Com.  10.  Hence  arose  a  principal  part 
of  the  immense  wealth  of  Crassus,  Plutarch,  in  vita  ejus. 

Slaves  employed  to  accompany  boys  to  and  from  school, 
were  called  P^^dagogi  ;  and  the  part  of  the  house  where 
those  young  slaves  staid,  who  were  instructed  in  literature, 
(Uteris serviles,  Senec.  Ep.  88.)  was  called  P-^edagogium:, 
Plin.  Ep.  vii.  27. 

Slaves  were  promoted  according  to  their  behaviour ;  as 
from  being  a  drudge  or  mean  slave  in  town,  {Alediastinus,) 
to  be  an  overseer  in  the  country,  {Fillicus.)  Horat.  Ep.  i.  14. 

The  country  farms  of  the  wealthy  Romans  in  later  times 
were  cultivated  chiefly  by  slaves,  Plin.  xviii.  3.  But  there 
were  also  free  men  who  wrought  for  hire,  as  among  us, 
(MERCENARII,)  Cic.  Off.  i.  13.  pro  Ccecin.  59. 

Among  the  Romans,  masters  had  an  absolute  power  over 
their  slaves.  They  might  scourge  or  put  them  to  death  at 
pleasure,  Juvenal,  vi.  219.  This  right  was  exercised  with 
so  great  cruelty,  especially  in  the  corrupt  ages  of  the  repub- 
lic, that  laws  were  made  at  different  tirnes  to  restrain  it.  The 
lash  was  the  common  punishment;  but  for  certain  crimes 
they  used  to  be  branded  in  the  forehead,  and  sometimes 
were  forced  to  carry  apiece  of  wood  round  their  necks  where- 
cver  they  went,  which  was  called  FURC  A ;  and  whoever 
had  been  subjected  to  this  punishment,  was  ever  afterwards 
called  FURCIFER.  A  slave  that  had  been  often  beaten, 
was  caUed  MASTIQIA,  Ter.Adelph.  v.  2.  6.  or  VERBE^ 


Slaves.  41 

RO,  Id.  Phorm.  iv.  4.  3.  A  slave  who  had  been  branded, 
was  called  STIGMATIAS,  v.  -iciis,  i.  e.  tiotiscomfjunctusy 
Cic.  Off.  ii.  l.Inscriptus,  Mart.  viii.  75.  9.  Literatus.  Plant. 
Cas.  n.  6.  49.  (i.  e.  Uteris  inscriptus:  as,  urnaliterata  Plaut. 
Rud.  ii.  5.  21.  ensiculus  literatus^  &c.  Id.  iv.  4.  112.)  Slaves 
also  by  way  of  puuishnieiit  were  often  shut  up  in  a  work- 
house, or  bridewell,  (in  ergastulo  v.  PISTRINO,)  where 
they  were  obliged  to  turn  a  mill  for  grinding  corn,  Plant,  et 
Ter.  passim,  et  Senec.  de  Bene/,  iv.  37. 

Persons  employed  to  apprehend  and  bring  back  {retrahe- 
rcy  Ter.  Heaut.  iv,  2.  65.)  slaves  who  fled  from  their  mas- 
ters, (FuGiTivi,  Cic.  Fam.  v.  9.)  were  called  Fugitiva- 
Rii,  Flor.  iii.  19. 

Wiien  slaves  were  beaten,  they  used  to  be  suspended  with 
a  weight  tied  to  their  feet,  that  they  might  not  move'  them, 
Plaut.  Asm.  ii.  2.  34,  &c.  Aul.  iv.  4.  16.  Ter.  Phorm.  i.  4. 
43.  To  deter  slaves  from  offending,  a  thong  {liahena)  or  a 
lash  made  of  leatlier  was  commonly  hung  on  the  stair-case, 
(m  scalts^)  Horat.  Ep.  ii.  2.  15.  but  this  was  chiefly  applied 
to  younger  slaves,  Scoliast.  ibid.  Lnpuberes  habena  velferu^ 
la  plectebantur,  Ulpian.  D.  i.  33.  de  SC.  Sdan.  Some  here 
]o\n  in  scalis  with  latuit,  as  Cic.  in  Mil.  15.  Phil.  ii.  9. 

Slaves  when  punished  capitdUy  were  commonly  crucifi- 
ed, Juvenal  vi.  219.  Cic.  in  Ver.  v.  3.  64.  &c.  but  this  pun- 
ishment was  prohibited  under  Constantine. 

If  a  master  of  a  family  was  slain  at  his  own  house,  and  the 
murderer  not  discovered,  all  his  domestic  slaves  were  liable 
to  be  put  to  death.  Hence  we  find  no  less  than  400  in  one 
family  punished  on  this  account,  Tacit.  Ann.  xiv.  43. 

Slaves  were  not  esteemed  as  persons,  but  as  things,  and 
might  be  transferred  from  one  owner  to  another,  like  any 
other  effects. 

Slaves  could  not  appear  as  witnesses  in  a  court  of  justice, 
Ter.  Phorm.  ii.  1.  62.  nor  make  a  will,  Plin.  Ep.  viii.  16. 
nor  inherit  any  thing.  Id.  iv.  11.  but  gentle  masters  allowed 
them  to  make  a  kind  of  will,  {quasi  testamenta facer e ^)  Plim 
Ep.  viii.  16.  Nor  could  slaves  serve  as  soldiers,  Id.  x.  39. 
unless  first  made  free,  Serv.  in  Firg.  JEn.  ix.  547.  except  in 
the  time  of  Hannibal,  when,  after  the  battle  of  Cann as,  8000 
slaves  were  armed  without  being  freed,  Liv.  xxii.  57,  TJiesc 

H 


42  ROMAN  ANTIQUITIES. 

were  called  VOLONES,  because  they  enlisted  voluntarily, 
Festus  ;  and  afterwards  obtained  their  freedom  for  their 
bravery,  Liv.  xxvi.  16. 

Slaves  had  a  certain  allowance  granted  them  for  their  sus- 
tenance, (DIMENSUM,)  commonly  four  or  five  bushels 
of  grain  a-month,  and  five  detiarii,  which  was  called  their 
MENSTRUUM,  Donaf.  in  Ter.  Phorm.  i.  1.  9.  Senec, 
Ep.  80.  They  likewise  had  a  daily  allowance,  (DIARIUM, 
Horat.  Ep.  i.  14.  40.)  And  what  they  spared  of  this,  or  pro. 
cured  by  any  other  means  with  their  master's  consent,  was 
called  their  PECULIUM.  This  money,  with  their  master's 
permission,  they  laid  out  at  interest,  or  purchased  with  it  a 
slave  for  themselves,  from  whose  labours  tliey  might  make 
profit.  Such  a  slave  was  called  Servi  VICARIUS,  Horat, 
Sat.  ii.  7.  79.  Cic.  Verr.  i.  36.  Phut.  Asm,  ii.  4.  27.  Mar- 
tial, ii.  18.  7.  and  constituted  part  of  the  peculium^  with 
which  also  slaves  sometimes  purchased  their  freedom.  Ci- 
cero says,  that  sober  and  industrious  slaves,  at  least  such  as 
became  slaves  from  being  captives  in  war,  seldom  remained 
in  servitude  above  si::  years,  Phil.  viii.  11.  At  certain  times 
slaves  were  obliged  to  make  presents  to  their  masters  out  of 
their  poor  savings,  {ex  eo  quodde  dimenso  sno  unciatim  corn- 
par  serint^^  Terent'  ibid.  There  was  sometimes  an  agree- 
ment between  the  master  and  the  slave,  that  Vv^hen  the  slave 
should  pay  a  certain  sum,  the  master  should  be  obliged  to 
give  him  his  liberty,  Plant.  Aid.  v.  3.  Casin.  ii.  5.  6,  Sec, 
Riid.  iv.  2,  23.  Tacit,  ^'w.  42. 

Although  the  state  of  slaves  in  point  of  right  was  the  same, 
yet  their  condition  in  families  was  very  different,  according 
to  the  pleasure  of  their  masters  and  their  different  employ, 
ments.  Some  Vv'ere  treated  with  indulgence ;  some  served  in 
chains,  as  janitors  and  door-keepers,  iostiarii ;)  and  so  in  the 
country,  catena fi  cultoresy  Elor.  iii.  19.  Fincti/bssores,  Lu- 
van.  vii.  402.  others  were  confined  in  workhouses  below 
ground,  {in  ergastulis  subterraneis.)  So  Pliny,  Vincti  pedes, 
damjiatiC  maiiiis^  inscriptiqiievultiis,  arva  exercent,  xviii.  3. 

At  certain  times  slaves  were  allowed  the  greatest  freedom; 
as  at  the  feast  of  Saturn  in  the  month  of  December,  Horat. 
Sat.  ii.  7.  4.  when  they  were  served  at  table  by  their  mas- 
ters. Auson.  de  Fer,  Rom.  ii.  15.  and  on  the  Ides  of  Au- 
gust, Fesius^ 


Slaves.  4r» 

The  number  of  slaves  in  Rome  and  tln-ough  Italy  was  im- 
mense, Juvenal,  iii.  140.  Some  rich  individuals  are  said  to 
liave  had  several  thousands,  Seneca  de  Tranq.  An.  viii.  Wars 
were  sometimes  excited  by  insurrections  of  the  slaves,  Flor» 
iii.  19,  &  20. 

There  were  also  public  slaves,  who  were  used  for  various 
public  services,  Liv.  i.  7.  and  especially  to  attend  on  the 
magistrates.  Their  condition  was  much  more  tolerable  than 
that  of  private  slaves.  They  had  yearly  allowances  (an- 
nua) granted  them  by  the  public,  Plin.  Epist.  x.  30,  40. 

There  were  also  persons  attached  to  the  soil,  (adscript!- 
Tii,  vel  gleb^j  adscripts ;}  concerning  the  state  of  whom  wri-. 
ters  are  not  agreed. 

Slaves  anciently  bore  the  prosnomen  of  their  master ;  thus, 
Marcipores,  Lucipores,  Fublipofes,  (quasi  Alarci^  Lucu^ 
PuUii  pueri^  &c.)  Quinctilian.  i.  4.  26.  Afterwards  they 
had  various  names,  either  from  their  country,  or  from  other 
circumstances  ;  as  Syrusy  Davus,  Geta,  Farmaio,  &:c.  in 
comic  writers ;  TTro,  Fawea,  Dionysiiis^  &.c.  in  Cicero.  But 
slaves  are  usually  distinguished  in  the  classics  by  their  dif- 
ferent employments;  as  Medici,  Chirurgi^  Fcedagogi,  Gram- 
matici,  Scriba,  Fabri,  Coqui,  &c. 

Slaves  were  anciently  freed  iDy  three  ways,  Censih  Findic- 
ttty  et  TestamentOy  Cic.  Topic.  2.  sen  10. 

1.  Fer  CENSUM,  when  a  slave  with  his  master's  know- 
ledge, or  by  his  order,  got  his  name  inserted  in  the  Censor's 
roll,  Cic.  Cacin.  34.  s.  99. 

2.  Fer  VINDICTxVM,  when  a  master  going  with  his 
slave  in  his  hand  to  the  Prcetor  or  Consul,  and  in  the  provin- 
ces, to  the  Proconsul  or  Proprastor,  said,  "  I  desire  that  this 
"  man  be  free  according  to  the  custom  of  the  Romans  ;" 

HuNC   HOMINEM     LIBERUM  ESSE  VOLO  MORE  Vcl    JURE 

QuiRiTiuM  ;  and  the  Prsstor,  if  he  approved,  putting  a  rod 
on  the  head  of  the  slave,  Horat.  Sat.  ii.  7.  76.  pronounced, 
"  I  say  that  this  man  is  free  after  the  manner  of  the  Ro- 
mans." Whereupon  the  Lictor  or  the  master  turning  him 
round  in  a  circle,  (which  was  called  VERTIGO,  Fcrs.  Sat. 
V.  75.)  and  giving  him  a  blow  on  the  cheek,  (alapa,  Isidor, 
jx.  4.  whence,  multo  major  is  alapre  mecum  vertciint^  Liberty 


44  ROMAN  ANTIQUITIES. 

is  sold,  Sec.  Phadr.  ii.  5.  22.)  let  him  go,  (e  manu  emittebat) 
signifying,  that  leave  was  granted  him  to  go  where  he  pleas- 
ed. The  rod  with  which  the  slave  was  struck,  was  called 
VINDICTA,  as  some  think,  from  Findiciiis  or  Vindex^  a 
slave  of  the  Vitellii,  who  informed  the  Senate  concerning  the 
conspiracy  of  the  sons  of  Brutus  and  others,  to  restore  the 
Tarquins,  and  who  is  said  to  have  been  first  freed  in  this 
manner,  Liv,  ii.  5.  whence  also  perhaps  Vindicare  in  liberta- 
tern,  to  free.  Mulier,  modo  quam  vindicta  redeinit,  a  wo- 
man lately  freed,  Ovid.  Jrt.  Am.  iii.  615. 

3.  Per  TESTAMENTUM,  when  a  master  gave  his 
slaves  their  liberty  by  his  will.  If  this  were  done  in  express 
Avords,  {verbis  directis,)  as  for  example,  Davus  servus 
MEus  LIBER  ESTO,  such  frccd  men  were  called  ORC INI 
or  C/iaromtie,  because  they  had  no  patron  but  in  the  infernal 
regions.  In  allusion  to  which,  those  unworthy  persons  who 
got  admission  into  the  Senate  after  the  death  of  Cassar,  were 
by  the  vulgar  called  SENATORES  ORCINI,  Suet.  Aug. 
^5.  But  if  the  Testator  signified  his  desire,  by  way  of  request, 
verbis precativisj)  Rogo  heredem  meum,  ut  Davum 
manumittat;  the  heir  {hares  Jiduciarius)  retained  the 
rights  of  patronage. 

Liberty  procured  in  any  of  these  methods  was  called  Jus- 

TA  LiBERTAS. 

In  later  times,  slaves  used  to  be  freed  by  various  other 
methods  ;  by  letter,  {per  epistohm  ;)  among  friends,  {inter 
amicos-,)  if  before  five  witnesses  a  master  ordered  his  slave 
to  be  free  ;  or  by  table,  {per  mensam,)  if  a  master  bid  his 
slave  eat  at  his  table,  P/in.  Epist.  vii.  10.  for  it  was  thought 
disgraceful  to  eat  with  slaves  or  mean  persons  ;  and  bench- 
es {subsellid)  were  assigned  them,  not  couches.  Hence  imi 
subsellii  vir,  a  person  of  the  lowest  rank,  Plant.  Stick,  iii.  4. 
32.  There  were  many  other  methods  of  freeing  slaves :  l:)ut 
these  did  not  confer  complete  freedom.  They  only  dis- 
cliarged  them  from  servitude,  but  did  not  entitle  them  to 
the  privileges  of  citizens :  unless  afterwards  the  vindicta 
was  superadded,  in  presence  of  a  magistrate,  Plin.  Ep.  vii. 
16,  8t32. 

Anciently  the  condition  of  all  freed  slaves  was  the  same ; 
they  obtained  the  freedom  of  the  city  with  their  liberty,  Cic. 


I 


Slaves.  45 

pro  Bnlbo.  9.  according  to  the  institution  of  Scrvius  Tulli- 
us,  DioTii/S'  iv.  22,  &:  23.  They  were,  however,  clistril)uted 
among  the  four  city  tribes,  as  being  more  ignoble,  Liv. 
JRpit.  XX.  But  afterwards,  when  many  worthless  and  profli- 
gate persons,  being  freed  by  their  masters,  thus  in>r;ded 
the  rights  of  citizens,  various  laws  were  made  to  check  the 
licence  of  manumitting  slaves.  No  master  was  allowed  to 
free  by  his  will  above  a  certain  number,  in  proportion  to  the 
number  he  had  ;  but  not  above  100,  if  he  had  even  20,000, 
which  number  some  individuals  are  said  to  have  possessed, 
Athen.  Dei pnosop h.  v'l.  20.  Hence  Seneca  speaks  of  5y«5?a 
spatia  terrarumper  vincfos  colenda  ;  et  familia  bellwosis  na- 
tionibus  major,  de  Benef.  ^iii.  10.  and  Pliny,  of  legions  of 
slaves,  so  that  the  master  needed  a  person  to  tell  him  their 
names,  (nomenclator,)  xxxiii.  1.  s.  6.  So  Pctronius  Arliiter, 
37,  &  117.  Augustus  ordained  by  a  law,  called  jTHlia  Sen- 
tia,  that  no  slave  who  had  ever  for  a  crime  been  bound, 
publiclj'  whipt,  tortured,  or  branded  in  the  face,  although 
freed  by  his  master,  should  obtain  the  freedom  of  the  city, 
but  should  always  remain  in  the  state  of  the  Dedifitii,  who 
were  indeed  free,  but  could  not  aspire  to  the  advantages  of 
Roman  citizens.  The  reason  of  this  law  may  be  gathered 
from  Dinnt/s.  iv.  24. 

Afterwards  by  the  law  called  Jufiia  A''o7'5ana,  because  it 
was  passed  in  the  consulship  of  L.  Junius  Norbanus,  A.  U. 
771,  those  freed  per  epistolam,  inter  amicos,  or  by  the  other 
less  solemn  methods,  did  not  obtain  the  rights  of  Roman  ci- 
tizens, but  of  the  Latins  who  were  tran^^planted  into  colo- 
nies. Hence  they  were  called  LATINl  JUNIANl,  or  sim- 
ply LATINI,  Plin.  Ep.  X.  105. 

Slaves  when  made  free  used  to  shave  their  heads  in  the 
temple  of  Feronia,  and  received  a  cap  or  hat,  as  a  badge  of 
liberty,  Sctv.  ad  Firg.  jEn.  viii.  564.  Liv.  xiv.  44.  Hence, 
.ddpileutn  sei-viim  vocore,  for  adlibertatem^  Liv.  ibid.  Th.ey 
also  were  presented  with  a  white  robe  and  a  ring  bj*  their 
master.  Thej^  then  assumed  a  prisnomen,  and  prefixed  the 
name  of  their  patron  to  their  own.  "^Thws^  Marcus  Tullius 
Tiro^  the  freedman  of  Cicero.  In  allusion  to  which,  Per- 
sius  says,  Verterit  Imnc  Domimis;  momenio  tm'binis  exit 
MARCUS  Dama,  Sat.  y.  77.    Hence  Tanquam  habeas 


46  ROMAN  ANTIQUITIES. 

/m  nomina,  for  tanqitam  liber  stSy  Juvenal,  v.  120.  So  fo- 
reigners, when  admitted  to  the  freedom  of  the  city,  assumed 
the  name  of  that  person  by  whose  favour  they  obtained  it, 
Cic.  Fam.  xiii.  35,  36. 

Patrons  retained  various  rights  over  their  freedmen.  If  the 
patron  w^ere  reduced  to  poverty,  the  freedman  was  bound, 
in  the  same  manner  as  a  son,  to  support  him,  according  to 
his  abilities.  And  if  a  patron  failed  to  support  his  freedman 
when  poor,  he  was  deprived  of  the  rights  of  patronage. 

If  a  freedman  died  intestate,  without  heirs,  the  patron  sue- 
ceeded  to  his  ejRects. 

Those  freedmen  who  proved  ungrateful  to  their  patrons 
were  condemned  to  the  mines  {ad  lautumias)  ;  and  the  em- 
peror Claudius,  by  a  law,  reduced  them  to  their  former  sla- 
very, {in  servitutem  revocavit,)  Suet.  Claud.  25.  Liber - 
turn  qui  probatusfuerit  patrono  delatores  summisisse,  qui  de 
statu  ejus  facer  ent  ei  qut^stioneiriy  servum  patroni  esse  jus- 
sit,  L.  5.  Dig.  de  jure  Patron. 

RIGHTS  of  ROMAN  CITIZENS,  and  of  the  different 
Inhabitants  of  the  ROMAN  EMPIRE, 

"HILE  Rome  was  but  small  and  thinly  inhabited,  who- 
ever fixed  their  abode  in  the  city  or  Roman  territory, 
obtained  the  rights  of  citizens. 

To  increase  the  number  of  citizens,  Romulus  opened  an 
asylum  or  sanctuary  for  fugitive  slaves,  insolvent  debtors 
and  malefactors,  whither  great  numbers  flocked  from  the 
neighbouring  states,  Liv.  i.  8.  because  no  one  could  be  ta- 
ken from  thence  to  punishment, /of.  XXXV.  51.  Tac.  An. 
iii.  60.  Even  vanquished  enemies  were  transplanted  to 
Rome,  and  became  citizens.  In  this  manner  the  freedom 
of  the  city  was  granted  by  Romulus  to  the  Ci^ninenses,  Ca- 
merini,  Antemnates,  Crustumini,  and  at  last  also  to  the  Sa- 
bines.  This  example  was  imitated  by  his  successors,  who 
transplanted  the  Albans  and  other  vanquished  tribes  to 
Rome,  Liv.  i.  29.  33.  Likewise  after  the  expulsion  of  the 
kings,  the  freedom  of  the  city  was  given  to  a  great  many, 
especially  after  the  taking  and  burning  of  the  city  by  the 
Gauls  ;  at  which  time,  that  it  might  be  rebuilt  with  more 


Rights  o/' Roman  Citizens,  &c.  47- 

splendor,  new  citizens  were  assumed  from  the  Veientes, 
Capenates,  and  Falisci,  Liv.  vi.  4. 

Besides  those  who  had  settled  in  the  Roman  territory,  and 
who  were  divided  into  city  and  country  tribes,  the  freedom 
of  the  citv  was  c;r mtcd  to  several  foreign  towns,  whicli  were 
called  MUNICIPIA,  and  the  inhabitants  MUNICIPES, 
because  they  might  enjoy  cfiices  at  Rome,  {munia^  v.  inuntra 
capere  poterant.)  When  any  of  these  fixed  their  abode  at 
Rome,  they  became  Gives  Ingenui,  Cic.  Brut.  75.de 
Le^g.  ii.  2.  Hence  it  happened,  th  it  the  same  person  might 
enjoy  the  highest  fioaours  both  at  Ro.ne,  and  in  his  own  tree 
town.  Thus  Milo,  winle  he  stood  candidate  for  the  Con- 
sulship at  Rome,  was  Dictator  in  his  own  native  city  Lanu- 
vium,  Cic.  pro  Mil.  37.  The  free  town  in  which  one  was 
born  was  called  patria  germ  an  a,  natures  vel  loci ;  Rome, 
{qua  except  us  est,)  patria  communis,  civitatis  \  el  jurist 
Cic.  de  Legg.  ii.  2. 

But  Avhen  the  Roman  empire  was  more  widely  extended, 
and  the  dignity  of  a  Roman  citizen  of  course  began  to  be 
more  valued,  the  freedom  of  the  city  ijus  civitatis)  was  more 
sparingly  conferred,  and  in  different  degrees,  according  to 
the  different  merits  of  the  allies  towards  the  republic.  To 
some  the  right  of  voting,  {jus  suffragii)  was  given,  and  to 
others  not.  The  people  of  Ca^re  were  the  first  who  obtained 
the  freedom  of  the  city  without  the  right  of  voting,  for  hav- 
ing rece'ved  the  sacred  things  of  the  Roman  people,  the 
Vestal  Virgins  and  priests,  when  they  fled  from  the  Gauls, 
A.  Gell.  xvi.  13.  The  freedom  of  the  city  was  soon  after 
given  in  this  manner  to  the  people  of  Capua,  Fundi,  For- 
mise,  Cum^,  and  Sinuessa,  Liv.  viii.  14.  to  the  inhabitants 
of  Acerra,  ibid.  17.  and  of  Anagnia,  &c. 

The  inhabitants  of  Lanuvium,  Aricia,  Nomentum,  Pe- 
dum, received  the  freedom  of  the  city,  with  the  right  of  vot- 
ing, Liv.  viii.  14.  and  Privernum,  (Frivernates,)  c.  21.  But 
several  cities  of  the  Hernici  preferred  their  own  laws,  Liv. 
ix.  43.  In  process  of  time,  this  right  was  granted  to  all  the 
allies  of  the  Latin  name  ;  and  after  the  social  or  Italian  war, 
it  was  communicated  to  all  the  Italians  south  of  the  river  Ru- 
bicon on  the  upper  sea,  and  of  the  city  Luca  on  the  lower 
.sea.     Afterwards  the  same  right  was  granted  to  Cisalpine 


48  ROMAN  ANTIQUITIES. 

Gaul,  which  hence  began  to  be  called  Gallia  Togata.  Ail- 
gustus  was  very  sparing  in  conferring  the  freedom  of  the  ci- 
ty ;  but  the  succeeding  Emperors  were  more  liberal,  and  at 
different  times  granted  it  to  different  cities  and  nations.  At 
last  Caracalla  granted  the  freedom  of  Roman  citizens  to  all 
the  inhabitants  of  the  Roman  world. 

Those  who  did  not  enjoy  the  right  of  citizens  were  anci- 
ently called  HOSTES,  and  afterwards  PEREGRINI,  Cic. 
Off.  i.  12.  After  Rome  had  extended  her  empire,  first  over 
Latium,  then  over  Italy,  and  lastly  over  great  part  of  the 
world,  the  rights  which  the  subjects  of  that  empire  enjoyed, 
came  to  be  divided  into  four  kinds ;  which  may  be  called 
Jus  Quiritmin,  Jus  Latii^  Jus  Italicum^  Jus  Provinciarum 
vel  Provinciale. 

JUS  QUIRITIUM  comprehended  all  the  rights  of  Ro- 
man citizens,  which  were  different  at  different  times.  The 
rights  of  Roman  citizens  were  either  private  or  public  :  the 
former  were  properly  called  Jus  Quiritium,  and  the  latter  Jus 
Civitatis,  Plin.  Ep.  x.  4.  6.  22.  Cic.  in  Rull.  ii.  19.  as  with 
us  there  is  a  distinction  between  denization  and  naturali- 
zation. 

I.  PRIVATE  RIGHTS  of  ROMAN  CITIZENS. 

IT^HE  private  rights  of  Roman  citizens  were,  1.  Jus  Liher- 
-■-  tatis,  the  right  of  liberty ;  2.  Jus  Gentilitatis  et  Familice^ 
the  right  of  family  ;  3.  Jus  Connuhii^  the  right  ofmarriage ; 
4.  Jus  P  atrium^  the  right  of  a  father;  5.  Jus  Dominii  Legiti- 
7m,  the  right  of  legal  property  ;  6.  Jus  Testamenti  et  Ilaredu 
talis,  the  right  of  making  a  will,  and  of  succeeding  to  an  in- 
heritance; and  7.  Jus  Tutda,  the  right  of  tutelage  or  ward- 
ship. 

1.  The  RIGHT  o/ LIBERTY. 

This  comprehended  LIBERTY,  not  only  from  the  pow- 
er of  masters,  idominorurn) ,  but  also  from  the  dominion  of 
tyrants,  the  severity  of  magistrates,  the  cruelty  of  creditors, 
and  the  insolence  of  more  powerful  citizensv 

After  the  expulsion  of  Tarquin,  a  law  was  made  by  Bru- 
tus, that  no  one  should  be  king  at  Rome ;  and  that  whosoe- 


RtGrfTs  o/'RoMAN  Citizens.  40 

Ver  should  form  a  design  of  making  himself  king,  might  be 
slain  with  impunity.  At  the  same  time  the  people  were  bound 
by  an  oath,  that  they  would  never  suffer  a  king  to  be  created. 

Roman  citizens  were  secured  against  tlie  tyrannical  treat- 
ment of  magistrates,  first  by  the  right  of  appealing  from  them 
to  the  puople,  and  that  the  pers(Mi  who  appealed,  should  in 
no  manner  be  punished,  till  the  people  determined  the  mat- 
ter ;  but  chiefly,  by  the  assistance  of  their  tribunes. 

None  but  the  whole  Roman  people  in  the  Comitia  Centu- 
riata,  could  pass  sentence  on  the  life  of  a  Roman  Citizen.  No 
magistrate  was  allowed  to  punish  him  by  stripes  or  capitally. 
The  single  expression,  "  I  am  a  Roman  Citizen,"  check- 
ed their  severest  decrees,  Cic.  in  Vtrr.  v.  54,  &  57,  &c. 
Hence,  QUIRITARE  dicrtm\  qui  Qidritium  jidem  damans 
imploraty  Varro  de  Lat.  Ling.  v.  7.  Cic.  ad  Fam.  x.  32o 
Liv.  xxix.  8.  Acts  xxii.  25. 

By  the  laws  of  the  twelve  tables  it  was  ordained,  that  in- 
solvent debtors  should  be  given  up  iaddiccrcntur)  to  their 
creditors  to  be  bound  in  fetters  and  cords,  {compedihiis  et 
nereis)  whence  they  were  called  NEXI,  OBiERATI,  et 
ADDICTI.  And  although  they  did  not  entirely  lose  the 
rights  of  freemen,  yet  they  were  jn  actual  slavery^  and  often 
treated  more  harshly  than  even  slaves  themselves,  Liv.  ii, 
23. 

If  any  one  was  indebted  to  several  persons,  and  could  not 
find  a  cautioner  (vindex  vel  expromissor)  within  sixty  days, 
his  body  {corpus)  literally,  accordiiig  to  some,  but  more  pro- 
bably according  to  others,  his  effects,  might  be  cut  in  pieces, 
isecari^)  and  divided  among  his  creditors,  A.  Gell.  xx.  L 
Thus  sectio  is  put  for  the  purchase  of  the  whole  booty  of  any 
place,  or  of  the  whole  effects  of  a  proscribed  or  condemned 
person,  Cic.  Phil.  ii.  26.  or  for  the  booty  or  goods  tliem- 
selves,  Cces.  de  BdL  Gall.  ii.  So.  Cic.  Inv.  i.  45.  and  secto- 
res  for  the  purchasers,  Ascon.  in  Cic.  Verr.  i.  23.  because 
they  made  profit  by  selling  them  in  parts  ;  (a  seed)  :  Hence 
Sectores  coUorum  et  bonorum^  i.  e.  qui  proscriptos  occidebant 
et  bona  enrum  emebant,  Cic.  Rose.  Am.  29. 

To  check  the  cruelty  of  usurers,  a  law  was  made,  A.  U, 
429.  whereby  it  was  provided,  that  no  debtor  should  be  kepf: 

X 


§9  ROMAN  ANTIQUITIES. 

in  irons  or  in  bonds ;  that  the  goods  of  the  debtor,  not  his^- 
person,  should  be  given  up  to  his  creditors,  Liv.  viii.  28. 

But  the  people  not  satisfied  with  tnis,  as  it  did  not  free 
them  from  prison,  often  afterwards  demanded  an  entire  abo- 
lition of  debts,  which  they  used  to  call  NEW  TABLES. 
But  this  was  never  granted  them.  At  one  time,  indeed,  bj'  a 
law  passed  by  Valerius  Flaccus,  silver  was  paid  with  brass, 
as  it  is  expressed,  Sallust.  Cat.  33.  that  is,  the  fourth  part  of 
the  debt  only  was  paid,  Vl'H  ii.  23.  an  as  for  a  sestertius,  and 
a  sesterthis  for  a  denarnis ;  or  25  for  100,  and  250  for  1000. 
Julias  Caesar,  after  his  victory  in  the  civil  war,  enacted  some- 
thing of  the  same  kind,  Cas.  Bell.  Civ.  iii.  1.  Suet.  Jul.  14» 

2.  The  RIGHT  of  FAMILY, 

Each  gens  and  each  family  had  certain  sacred  rites  pecu- 
liar to  itself,  which  went  by  inheritance  in  the  same  manner 
as  effects,  Liv.  iv.  2.  When  heirs  by  the  father's  side  of  the 
same  family  iagnati)  failed,  tliose  of  the  same  gens  {gentiles) 
succeeded,  in  preference  to  relations  by  the  mother's  side 
icognati)  of  the  same  {^.mi\y( /amilia).  No  one  could  pass 
from  a  Patrician  family  to  §  Plebeian,  or  from  a  Plebeian  to 
a  Patrician,  unless  by  that  form  of  adoption,  which  could  on- 
ly be  made  at  tlie  Comitia  Curiata.  Thus  Clodius,  the  ene- 
my of  Cicero,  was  adopted  by  a  Plebeian,  that  he  might  be 
created  a  tribune  of  the  commons,  Cic.  Dom,  15.  Att.  \, 
18  &  19. 

3.  The  RIGHT  of  MARRIAGE. 

No  Roman  citizen  was  permitted  to  marry  a  slave,  a  bar- 
barian, or  a  foreigner,  unless  by  the  permission  of  the  peo- 
ple ;  as  Liv.  xxxviii.  SQ.  CONNUBIUM  est  matrimonium 
inter  cives  :  inter  servos  autem,  aut  inter  civem  et  peregrintt, 
conditionis  hominem,  aut  servilis,  ?2on  est  Cafinuhium,  sed 
CONTUBERNIUM,  BoetL  in  Cw.  Top.  4.  By  the  laws 
of  the  Dtcemviri^  intcrmarriiiges  between  the  Patricians  and 
Plebeians  were  prohibited.  But  this  restriction  was  soon 
abolished,  LiiK  iv.  6.  Afterwards,  however,  when  a  Patri- 
Qian  lady  married  a  Plebeian,  she  was  said  Patribus  enubere^ 


Rights  o/'Roman  Citizens.  51 

and  was  excluded  from  the  sacred  rites  of  Patrician  ladies^ 
Liiv.  X.  £3.  When  any  woman  married  out  of  her  chm,  it 
was  called  Gentis  enuptio  ;  which  likewise  seems  anciently 
to  have  been  forbidden,  Liv.  xxxix,  19.  The  diftcrent  kinds 
of  marriages,  8cc.  will  be  treated  of  hereafter. 

4.  The  RIGHT  of  a  FATHER, 

A  FATHER,  among  the  Romans,  had  the  power  of  life  and 
death  over  his  children.  He  could  not  only  expose  them 
when  infants  ;  which  cruel  custom  prevailed  at  Rome  for 
many  ages,  as  among  other  nations,  Cic.  de  Legg.  iii.  8. 
Ter,  Hcaut.  iv.  1.  Suet.  Octav.  67.  Calig.  5.  Tacit.  Hist, 
iv.  5.  Scnec.  de  Ben.  iii.  13,  &c.  and  anew-born  infant  was 
not  held  legitimate,  unless  the  fiither,  or  in  his  absence  some 
person  for  him,  lifted  it  from  the  ground,  {terra  ievasset,) 
and  placed  it  on  his  bosom  ;  hence  tollere  filium^  to  edu- 
cate ;  non  tollere^  to  expose  :  but  even  when  his  childrea 
xvere  grown  up,  he  might  imprison,  scourge,  send  them 
bound  to  wofk  in  the  country,  and  also  put  them  to  death 
by  any  punishment  he  pleiiised,  if  they  deserved  it.  Sail.  Cat. 
39.  Lvv.  ii.  41.  viii.  7.  Dionys.  viii.  79.  Hence  a  father  is 
called  a  domestic  judge^  or  magistrate^  by  Seneca  ;  and  a 
censor  of  his  son ^  by  Sueton.  Claud.  16.  Romulus  however 
at  first  permitted  this  right  only  in  certain  cases,  Dionys.  ii. 
15.  ix.  22. 

A  son  could  acquire  no  property  but  with  his  father's 
consent ;  and  what  he  did  thus  acquire  vi^as  called  his  PE- 
CULIUM,  as  of  a  slave,  Liv.  ii.  41.  If  he  acquired  it  in 
war,  it  was  called  PECULIUM  CASTRENSE. 

The  condition  of  a  son  was  in  some  respects  harder  than 
that  of  a  slave,  A  slave  when  sold  once,  became  free ;  but 
a  son  not,  unless  sold  three  times.  The  power  of  the  father 
was  suspended,  when  the  son  was  promoted  to  any  public 
office,  but  not  extinguished,  Liv.  ib.  For  it  continued  not 
only  during  the  life  of  the  children,  but  likewise  extended 
to  grand- children,  and  great  grand-children.  None  of  them 
became  their  own  masters,  (sui  Juris,)  till  the  death  of  their 
father  and  grandfather.  A  daughter  by  marriage  passed 
from  the  power  of  her  father  under  that  of  her  husband, 


S^  ROMAN  ANTIQUITIES, 


EMANCIPATION  and  ADOPTION. 

Whe  N  a  father  wished  to  free  his  son  from  his  authority, 
(EMANCIP ARE,)  it  behoved  him  to  bring  him  before 
the  Prcctor,  or  some  magistrate,  (apud  quern  legis  actio  eratj 
and  there  sell  him  three  times,  per^es  et  LiBRAM,asit  was 
termed,  to  some  friend,  who  w^s  called  Pater  Fiducia- 
Rius,  because  he  was  bound  after  the  third  sale  to  sell  him 
back  (remancipare)  to  the  natural  fither.  There  were  be- 
sides present,  Libripens,  who  held  a  brazen  balance ;  live 
witnesses,  Roman  citizens,  past  the  age  of  puberty  ;  and  an 
antestatus,  who  is  supposed  to  be  so  named,  because  he 
summoned  the  witnesses  by  touching  the  tip  of  their  ears, 
Mor.  Sat.  I.  9. 76.  In  the  presence  of  these,  the  natural  father 
gave  over,  {mancipabat,  i.  e.  mami  tradebat)  his  son  to  the 
purchaser,  adding  these  words,  Mancupo  tibi  hung 
FiLiuM,  q^tji  meus  est.  Then  the  purchaser  holding  a 
brazen  coin,  iststertius,)  said,  Hunc    ego   hominem  ex 

JuReQuIRITIUM  MEUM  esse  aid,  ISq_UE  jflHI  EMPTUS 

EST  HOC  -^RE,  iE,NEA(^uE  LIBRA  :  and  having  struck  the 
balance  with  the  coin,  gave  it  to  the  natural  father  by  way 
of  price.  Then  he  manumitted  the  son  in  the  usual  form. 
But  as  by  the  principles  of  the  Roman  law,  a  son,  after  be- 
ing manumitted  once  and  again,  fell  back  into  the  power  of 
his  father;  the  imaginary  sale  was  thrice  to  be  repeated,  ei- 
ther on  the  same  day,  and  before  the  same  witnesses,  or  on 
diiferent  days,  and  before  different  witnesses ;  and  then  the 
purchaser,  instead  of  manumitting  him,  which  would  have 
conferred  a  jus  patronatus  on  himself,  sold  him  back  to  the 
natural  father,  who  immediately  manumitted  him  by  the 
same  formalities  as  a  slave,  {.Libra  et  are  liberatum  emitte- 
bat^  Liv.  vi.  14.)  Thus  the  son  became  his  own  master, 
isui  juris  /actus  est.)  Liv.  vii.  16. 

The  custom  of  selling  per  as  vel  assem  et  libram^  took 
its  rise  from  this,  that  the  ancient  Romans  when  they  had  no 
coined  money,  Liv.  iv.  60.  and  afterwards  when  they  used 
asses  of  a  pound  weight,  weighed  their  money,  and  did  not 
count  it. 

In  emancipating  a  daughter  or  grand- children,  the  same 
formalities  were  used,  but  only  once,  iunica  mancipatio  suf^ 


Rights  o/Roman  Citizens.  53 

ficiehat ;)  they  were  not  thrice  repeated  as  in  emancipating; 
a  son.  But  these  formaHties,  hke  otliersof  the  same  kind,  in 
process  oftimecameto  be  thought  troublesome.  Atha- 
nasius,  therefore,  and  Justinian,  invented  new  modes  of 
emancipation.  Athanasius  appointed,  that  it  should  be  suf- 
ficient if  a  father  showed  to  a  judge  the  rescript  of  tiic  Em- 
peror for  emancipating  his  son  ;  and  Justinian,  that  a  faiher 
should  go  to  any  magistrate  competent,  and  before  him,  with 
the  consent  of  his  son,  signifj^  that  he  freed  his  son  from  his 
power,  by  si'.ying,  Huncsui  Juris   esse  patior,  mea- 

qjJE  MANU   mitto. 

Wncn  a  man  nad  no  children  of  his  own,  lest  his  sacred 
rites  and  name  should  be  lost,  he  might  assume  others,  {ex- 
traneos)  as  his  children«by  adoption. 

If  the  person  adopted  were  his  own  master,  {sui  juris,)  it 
was  called  ARROGATIO,  because  it  was  made  at  tlie  Co- 
mitia  Curiata,  by  proposing  a  bill  to  the  people,  iperpopuli 
rogationem,)  Gell.  v.  19. 

If  he  were  the  son  of  another,  it  was  properly  called 
ADOPTIO,  and  was  performed  before  the  Prietor  or  Pre- 
sident of  a  province,  or  any  other  magistrate,  (apud  quern 
legis  actio  erat.)  The  same  formalities  were  used  as  in  eman- 
cipation. It  might  be  done  in  any  place,  Suet.  Aug.  64.  The 
adopted  passed  into  the  family,  the  name,  and  sacred  rites  of 
the  adopter,  and  also  succeeded  to  his  fortune.  Cicero  makes 
no  distinction  between  these  two  forms  of  adoption,  but 
calls  both  by  the  general  name  oiAdoptio, 

5.  The  RIGHT  of  PROPERTY. 

Things,  with  respect  to  property  among  the  Romans, 
were  variously  divided.  Some  things  were  said  to  be  of  DI- 
VINE RIGHT,  others  of  HUMAN  RIGHT.  The  former 
were  called  sacred,  {res  SACRtE  ;)  as,  altars,  temples,  or 
any  thing  publicly  consecrated  to  the  g(Kls  by  the  authority 
of  the  pontiffs  :  or  r^-Zf^zow,?,  (RELIGIOSiE  ;)  as,  Sepul- 
chres, &c.  or  inviolable,  (SANCTiE,  i.  e.  aliqua  sanctio?ie 
munitce;)  as,  the  walls  and  gates  ofacity,7l/acrt)6.  Sat.  iii.  3. 

These  things  were  subject  to  the  law  of  the  pontiffs,  and 
the  property  of  them  could  not  be  transferred.  Temples  were 


U  llOMAN  ANTIQUITIES. 

rendered  sacred  by  inauguration,  or  dedication,  that  is,  by 
being  consecrated  by  the  augurs,  {consecrata  inaugurata- 
que.)  Whatever  was  legally  Cf.nse. -rated,  was  ever  after  in- 
applicable to  profane  uses,  FHn.  Ep.  ix.  39.  x.  58,  59,  76. 
Temples  were  supposed  to  belong  to  the  gods,  and  could 
not  be  the  pr(>perty  of  a  private  person.  Things  ceased  to  be 
sacred  by  being  unhallowed,  {txaugnratione^  Liv.  i.  55.) 

Any  place  became  religious  by  interring  a  dead  body  in  it, 
1.  6.  (|.  4.  D,  (le  divis.  rei. 

Sepulchres  Vi'ere  held  religious  because  they  were  dedicat- 
ed to  the  infernal  gods,  {Diis  mambus  vel  inferis.)  No  se- 
pulchre could  be  built  or  repaired  without  the  permission  of 
the  pontiffs  ;  nor  could  the  property  of  sepulchres  be  trans- 
ferred, init  only  the  right  of  buryni^in  them,  {jus  morticum 
infcrendi.)  The  walls  of  cities  were  also  dedicated  by  cer- 
tain soienn  ceremonies:  and  therefore  they  were  held  invio- 
lable, (sancn.,)  and  could  not  be  raised  or  repaired  without 
the  authority  of  the  pontiffs. 

Things  of  huiTian  ncr^tt  were  called  p7Y<fane,  Cres  PRO- 
FAN.E  ;)  and  were  either  PUBLIC  and  COyiMON  ;  as 
the  air.  running  water,  the  sea,  and  its  shores,  &c.  Fi?'g.jEn, 
vii.  229.  Cw.  Rose.  Am.  26.  or  PRIVATE,  which  might  be 
the  property  of  individuals. 

Some  make  a  distinction  between  things  common  and 
public;  but  most  writers  do  not.  The  things,  of  which  a 
whole  society  or  corporation  had  the  property,  and  each  in- 
dividual the  use,  were  c^^lled  RES  UNIVERSITATIS,  or 
more  properly  RESPUBLIC^EjCquasipop/z/^c^^",  apopulOf 
the  property  of  the  people  ;)  as,  theatres,  baths,  highways^ 
&c.  And  those  things  were  called  RES  COMMUNES, 
which  either  could  be  the  property  of  no  one,  as  the  air,  light, 
^c.  O.'id.  Met  i.  135.  vi.  349.  or  which  were  the  joint  pro- 
perty of  more  than  one  ;  as,  a  common  wall,  a  common  fields 
&c.  Commune,  a  subst.  is  put  for  the  commonwealth,  Cic. 
Verr.  ii.  46.  63.  &  69.  Horat.  Od.  ii.  15.  13.  Hence  in 
cominune  consulere^  prodesse^  conferre^  metuere,  &c.  for  the 
public  go(jd. 

Things  which  properly  belonged  to  nobody,  were  called 
RES  NULLIUS  ;  as,  parts  of  the  world  not  yet  discover-, 
ed^  animals  not  claimed^  &c.  To  tills  class  was  referred  hcere- 


!RiGiiTs  p/^ Roman  Citizens.  55 

ditasjacensy  or  an  estate  in  the  interval  of  time  between  the 
demise  of  the  last  occupier  and  the  entry  of  the  successor. 

Things  were  either  MOVEABLE  or  IMMOVEABLE* 
The  moveable  things  of  a  farm  were  called  Rut  a  CiESA,sc. 
et ;  i.  e.  Eruta  et  aesa  ;  as,  sand^  coals.,  stones^  &c.  which 
were  commonly  excepted,  irecepta,)  or  retained  by  the  sel- 
ler, Cic.  Top.  26.  Orat.  ii.  55. 

Things  were  also  divided  into  CORPOREAL,  i.e.  which 
might  be  touched,  and  INCORPOREAL  ;  as,  rights.,  ser- 
vitudes, &c.  The  former  Cicero  calls.  Res.,  qua  sunt  ;  the 
latter,  Bes,  qu<e  intelliguntur,  Topic.  5.  But  others,  per- 
haps more  properly,  call  the  former,  REiS,  things  ;  and  the 
latter,  JURA,  rights  ;  Quinctilian.  v.  10.  116. 

The  division  of  things  Horace  briefly  expresses  thus  : 
Euit  h«c  sapientia  quondam^ 

Publica  privatis  secernere.,  sacra  profanis. 

De  Art.  Poet.  396. 
So  Corn.  Nepos,  in  vita  Tnemist.  6. 

Private  things  {res  PRIVAT/E)  among  the  Romans, 
were  either  RES  MANCIPI,  or  NEC  MANCIPL 

RES  MANCIPI  were  those  things  which  might  be  sold 
and  alienated,  or  the  property  of  them  transferred  from  one 
person  to  another,  by  a  certain  rite  used  among  Roman  citi- 
zens only ;  so  that  the  purchaser  might  take  them  as  it  were 
with  his  hand  {manu  caperet);  whence  he  was  called  MAN- 
CEPS,  and  the  thing,  res  MANCIPI,  vel  Mancupi,  con- 
tracted for  Mancipii.  And  it  behoved  the  seller  to  be  an- 
swerable for  them  to  the  purchaser,  to  secure  the  possession, 
{pericuium  judicii,  vel  auctoritatem,  vel  evictionem  prasta^ 
rCy  &c.)  Cic.  pro  Murena.,  2. 

NEC  MANCIPI  res^  were  those  things  which  could  not 
be  thus  transferred  ;  whence  also  the  risk  of  the  thing  lay 
on  the  purchaser,  Plant.  Pers.  iv.  3.  55,  &c.  Thus,  fnafici- 
pium  and  usus  are  distinguished:  Vitaque  viancipio  jiullida^ 
tur^  in  property  or  perpetuity,  omnibus  usu,  Lucret.  iii.  985. 
So  mancipium  and/ructus,  Cic.  Epist.  Fam.  vii.  29,  30. 

The  res  MANCIPI,  were, — 1.  Farms,  either  in  town  or 
country  within  Italy;  iPn-^dia  urbana  et  rustica  in  solo  Itali- 
CO);  or  in  the  provinces,  if  any  city  or  place  had  obtained  the 
jws  Italicum,  Other  farms  in  the  provinces  were  called  pos' 


B6  ROMAN  ANTIQUITIES, 

sessiones,  not  prcedia;  and  because  proprietors  gave  in  an  ac» 
count  of  their  f^imilies  and  fortunes  to  the  cens  }rs,  they  were 
called  Pradta  censui  censendo,  Cic.  pro  Flacc.  32.- — 2. 
Slaves. — 3.  Quadrupeds,  trained  to  work  with  back  or  neck, 
dorso  vel  cervice  domiti);  as,  horses,  oxen,  asses,  viules  ;  but 
not  wild  beasts,  although  tamed  ;  as,  elephants,  camels. — 4. 
Pearls  imargaritce)  Plin.  ix.  35.  s.  60.— 5.  The  rights  of 
country  hTms,ca\\ed  servit74des,(SlLKVlTUTiLS,)  Ulpian. 

The  servitudes  of  farms  in  the  country,  were,- — 1.  The 
right  of  going  on  foot  through  the  farm  of  another,  (ITER) ; 
— 2.  Of  driving  a  beast,  or  waggon  not  loaded,  (ACTUS) ; 
- — 3.  Of  driving  loaded  waggons,  (VIA); — 4.  Of  carrying  wa- 
ter, (AQUiEDUCTUS) ;  either  by  canals  or  leaden  pipes, 
iper  canales,  v.  Jistulas  plumbeas,)  Vitruv.  viii.  7. — The 
breadth  of  a  via,  when  straight,  was  eight  feet;  at  a  turn,  (m 
anfr actum  v.  injlexu,)  sixteen  feet ;  the  breadth  of  an  actus, 
four  feet :  but  the  breadth  of  an  iter  is  uncertain. 

To  these  servitudes  may  be  added,  the  dnnving  of  water, 
(^aqiics  haustus)  ;  the  driving  of  cattle  to  water,  (pecoris  ad 
aquam  appulsus);  the  right  of  feeding;  of  making  lime,  {caU 
ais  coquendte)  and  of  digging  sand. 

Those  farms,  which  were  not  liable  to  any  servitude,  were 
called  PRyEDIA  LIBERA,  optima  jure  v.  conditio?ie  opti- 
ma;  those  which  were  {qua  serviehant,servitiiteni  debebant, 
vel  servituti  erant  obnoxia,)  PR-^ELDIA  SERVA,  Cic.  in 
Rull.  iii.  2. 

Buildings  in  the  city  were  called  PRiEDIA  URBANA, 
and  were  reckoned  res  mancipi,  only  by  accession  { jure  fun- 
di;  for  all  buildings  and  lands  were  called  FUNDI ;  but 
usually  buildings  in  the  city  were  called  Mdes,  in  the  coun- 
try VilLt.  A  place  in  the  city  without  buildings,  was  called 
AREA,  in  the  country  AGER.  A  field  with  buildings  was 
properly  called  FUNDUS. 

The  servitudes  of  the  Prccdia  urbaha,  were,, — 1.  Servitus 
ONERIS  FERENDI,  when  one  was  bound  to  support  the 
house  of  another  by  his  pillar  or  wall ; — 2.  Servitus  TIGNI 
IMMITTENDI,  when  one  was  bound  to  allow  a  neigh- 
bour to  drive  a  beam,  a  stone,  or  iron  into  his  wall;  for  tig- 
num  among  lawyers  signified  all  kinds  of  materials  for  build- 
ing. 


Rights  q/'Roman  Citizens.  57 

Anciently  for  fcnr  of  fire,  it  was  ordered  that  there  should 
be  an  interstice  left  between  houses,  of  at  least  two  feet  and 
a  half,  which  was  called  AMBITUS,  Festiis,  or  ANGI- 
PORTUS  vel  -urn,  and  this  was  usually  a  thoroughfare,  bat 
sometimes  not,  Ter.  Adelph.  iv.  2.  39.  For  uhen  Rome 
came  to  be  crowded  with  houses,  these  interstices  were  only 
left  between  some  houses.  Nero,  after  the  dreadful  fire  which 
happened  in  his  time,  restored  the  ancient  mode  of  building 
houses  distinct  from  one  another,  Tacit.  Ann.  xv.  43. 

Houses,  which  were  not  joined  by  common  walls  with  the 
neighbouring  houses,  were  called  INSUL^E,^^!^^^^^.  Some- 
times cfo;72Z/^  and  mw/i^  are  distinguished,  Suet.  JVer'  16.  h. 
38.  where  domus  is  supposed  to  signify  the  houses  of  the 
great,  and  insulie  those  of  the  poorer  citizens.  But  anciently 
this  was  not  the  case,  rather  the  contrary  ;  as.  Insula  Clodii^ 
Lueulli,  &c.  Cic.  Under  the  emperors,  any  lodgings  Uiospi- 
iia)  or  houses  to  be  let,  (ASdes  mercede  locandc?^  vel  domus 
conductitice,')  were  called  insulce,  and  the  inhabitants  of  them, 
InquUim^  or  Instdarii ;  which  last  name  is  also  applied  to 
those  who  were  appointed  to  guard  the  genii  of  each  insula. 
The  proprietors  of  the  insula  were  called  DOMINI  insu- 
LARUM,  Suet.  Jul.  41.  Tib.  48. vel  pr^diorum,  Plin.Ep, 
X.  44,  45.  and  their  agents  prociiratores  insulariim.  For 
w  ant  of  room  in  the  city,  they  were  commonly  raised  to  a 
great  height  by  stories,  {contignationibus  v.  tabulatis^  which 
were  occupied  by  different  families,  and  at  a  great  rent,  Juve^ 
nal.  iii.  166.  The  upper  stories  or  garrets  were  called  cesnacu^ 
la.  He  who  xtx\\s.^{mercede  conducebat)  an  insula^  or  any  part 
of  it,  was  called  inquilinus.  Hence  Catiline  contemptuously 
calls  Cicero,  Inquilinus  civis  urbis  Romcs,  Sallust.  Cat.  31. 
There  was  also,— 3.  Servitus  STILLICIDII  ET  FLU^ 
MINIS,  whereby  one  was  obliged  to  let  the  water,  which 
fell  from  his  house,  into  the  garden  or  area  of  his  neighbour ; 
or  to  receive  the  water  which  fell  from  his  neighbour's 
house  into  his  area. — 4.  Servitus  CLOACiE,  the  right  of 
conveying  a  private  common  sewer  through  the  property  of 
a  neighbour,  into  the  Cloaca  ?naxima  built  by  Tarquin. — 5. 
Servitus  NON  ALTIUS  TOLLENDI,  whereby  one  was 
bound  not  to  raise  his  house  above  a  certain  height ;  so  as 
not  to  o))struct  the  prospect  and  light  of  his  neighbour. 


SI  ROMAlsr  ANTIQUITIES. 

Tlie  height  of  houses  was  limited  by  law,  under  Augustus? 
to  70  feet,  Strab.  v.  p  .162.  Suet.  Aug.  89.  Tacit.  .Sin.  xvl 
43. — There  was  also  a  servitude,  that  one  should  not  make 
new  windows  in  his  wall ;  Lumina  uti  nunc  sunt,  ita 
SI  NT,  Cic.  de  Orato  i.  39. 

These  servitudes  of  city  properties,  some  annex  to  res 
7nancipii  and  some  to  res  nee  mancipi. 

MODES  of  acquiring  PROPERTY. 

The  transferring  of  the  property  of  the  res  mancipi, 
(ABALIEN ATlO,  vel  translatio  dominii^  v.  proprietatis^} 
was  made  by  a  certain  act,  called  MANCIPATIO,  or 
MANCIPIUM,  (Cic.  Off.  iii.  16.  de  Orat.  i.  39.)  in  which 
the  same  formalities  were  observed  as  in  emancipating  a 
son,  only  that  it  was  done  but  once.  This  Cicero  calls  traditio 
altcri  nexu^  Topic.  5.  s.  28.  thus  Dare  mancipioy  i.  e.  ex 
forma  vel  lege  mancipii,  to  convey  the  property  of  a  thing 
in  that  manner  ;  accipere^  to  receive  it,  Plant.  Cure,  iv.  2. 
8.  Trin.  ii.  4.  19.  Jurat, — sefore  mancipii  tenipus  in  omne 
#m,  devoted  to  you,  Ovid.  Pont.  iv.  5.  39.  Sui  mancipii  esse, 
to  be  one's  own  master,  to  be  subject  to  the  dominion  of 
no  one,  Cic.  ad  Brut.  16.  So  mancipare  agrum  alicui,  to  sell 
an  estate  to  any  one,  Plin.  Ep.  vii.  18.  emancipare  fundosy 
to  divest  one's  self  of  the  property,  and  convey  it  to  another. 
Id.  X.  3.  • 

Cicero  commonly  uses  mancipium  and  nexum  or  -us,  as 
ef  the  same  import ;  pro  Muren.  2.  pro  Place.  32.  Cacin. 
16.  But  sometimes  he  distinguishes  them  ;  as,  de  Harusp.^ 
7*  where  mancipium  implies  complete  property,  and  nexus 
only  the  right  of  obligation,  as  when  one  receives  any  thing 
by  way  of  a  pledge.  Thus  a  creditor  had  his  insolvent 
debtor  7  «r<?  nexi,  but  not  jure  ?nancipii,  as  he  possessed  his 
slave. 

There  were  various  other  modes  of  acquiring  legal  pro- 
perty; as,  1.  JURE  CESSIO,  or  CESSIOIN  JURE,  Cic, 
Top.  5.  when  a  person  gave  up  his  effects  to  any  one  before 
the  praetor  or  president  of  a  province,  who  adjudged  them 
to  the  person  who  claimed  them,  {vindicanti  addicebat) ; 
which  chiefly  took  place  in  the  case  of  debtors,  who,  when 
tliey  were  insolvent,  gave  up  their  goods  {bona  cedebant)  to 
their  creditors. 


Rights  0/ Roman  Citizens.  59 

2.  USUCAPTIO  vel  USUCAPIO,  Cic.  C^cin,  20. 
JLegg.  1.21.  and  also  usits  auctoritas,  wlicii  one  obtained  the 
property  of  a  thing,  by  possessing  it  for  a  certain  time  with- 
out interruption,  according  to  the  law  of  the  twelve  tables  ; 
for  two  years,  if  it  was  a  farm  or  immoveable,  and  for  one 
year  if  the  thing  was  moveable:  Ut  usus  auctoritas, i.e, 
jus  (lominii,  quod usu  paratur,  fundi  biennium,  c.ete. 

RARUM  RERUM  ANNUS  USUS  ESSET,  PUtl     Eo.  V.  1.    But 

tliis  took  place  only  among  citizens.  For  Adversus  hos- 
TEM,  i.  e.  pereg?'i72umy  .sterna  auctoritas- erat  ; 
sc.  alicujus  rti^  Cic.  Oft',  i.  12.  i.  e.  res  semper  vincJicari  po^ 
terataperegrino,  et  nunquam  usu  capi.  Hence  Cicero  says, 
T^'ihil  mortales  a  diis  usucapere  possunt.  If  there  ^vas  any 
iinterruption  in  the  possession,  it  was  called  USURPATIO, 
which,  in  country  farms,  seems  to  iiave  been  made  by 
breaking  off  the  shoot  of  a  tree,  {surculo  d('frmgendo,)  Cic. 
de  Orat.  iii.  28.  But  afterwards  a  longer  time  was  necessary 
to  constitute  prescription,  especially  in  the  provinces,  name- 
ly ten  years  among  those  who  were  present,  and  twenty 
years  among  those  who  were  absent.  Sometimes  a  length 
of  time  was  required  beyond  remembrance.  This  new  me- 
thod of  acquiring  property  bv  possession,  was  called  LON- 
GA  POSSESSIONE  CAPIO,  or  LONG^E  POSSES. 
SIONIS  PR/EROGATIVA,  vel  PRJiSCRIPTlO. 

3.  EMPTIO  SUB  CORONA,  i.  e.  purchasing  captives 
in  v/ar,  who  were  sold  with  chaplets  on  their  heads.    See  p, 

4.  AUCTIO,  whereby  things  were  exposed  to  public; 
sale,  {hasta,  v.  voci  prceponis  subjiciebantur,)  when  a  spear 
being  set  up,  and  a  public  crier  calling  out  the  price,  {prte- 
cone  pretium  proclamante,)  the  magistrate  who  was  present- 
adjudged  them  (addicebat)  to  the  highest  bidder,  Cic.  PhiL 
ii.  26.  The  person  who  bade,  held  up  his  finger,  {digitum 
tollebat,)  Cic.  Verr.  i.  54.  digito  licitus  est^  iij.  11. 

The  custom  of  setting  up  a  spear  at  .a  auction  seems  to 
have  been  derived  from  this,  that  at  first  only  those  things 
which  were  taken  in  war  were  sold  in  that  manner.  Hence 
hasta  is  put  for  a  public  sale  ;  and  sub  hasta  venire^  to  be 
publicly  sold. 

The  day,  sometimes  the  hour,  and  the  terms  of  the  auc^ 
tJOHj  used  to  be  advertised,  either  by  a  common  crier  {aprc^^ 


60  ROMAN  ANTIQUITIES. 

cone  prccdicarU  v.  conclamari,)  Plant.  Men.  v.  9.  94.  or  io 
writing,  tabula  proscribe)  Cic.  Ep.  ad  Fratr.  ii.  6.  Proscribe- 
batur,  sc.  domus  sett  quis  emere,  seu  condiicere  vellet,  Plin. 
Ep.  vii.  27.  ^des  venales  if iscribit  Uteris,  Plant.  Trin.  i.  2. 
131.  HencGtabulais  pat  for  the  auction  itself,  ib. — Tahulum 
proscribere,  for  auctionem  coiistituere  ;  proscribere  domum 
v.fundum,  to  advertise  for  sale,  Cic.  And  those  whose  goods 
were  thus  advertised,  were  said  pendere.  Suet.  Claud.  9.  and 
also  the  goods,  bona  suspensa;  because  the  advertisement 
ilibellus  V.  tabella)  was  affixed  to  a  pillar,  {pila  v.  columna)^ 
in  some  public  place,  Senec,  de  Benef.  iv.  12.  So  tabulas 
auctionariasproferre  v.  tabulam,  to  publish,  Cic.  Cat.  ii.  8. 
PhiU  ii.  29.  ad  tabulam  adesse,  to  be  present  at  the  sale,  pro 
Qjuinct,  6.  Thus  also  sub  titulum  nostros  misit  avara  laresy 
i.  e.  domum,  forced  me  to  expose  my  house  to  sale,  Ovid, 
Itemed.  Amor.  302. 

It  bdioved  the  auction  to  be  made  in  public,  Cic.  ib.  £2^ 
contra  Rull.  i.  3.  and  there  were  courts  in  the  Forum  where 
auctions  were  held,(ATRIA  AUCTION  ARIA,)  to  which 
Juvenal  is  thought  to  allude.  Sat.  vii.  7.  A  money-broker 
(argentarius)  was  also  present,  who  marked  down  what  was 
bidden,  and  to  whom  the  purchaser  either  paid  dov/n  the 
price,  or  gave  security  for  it,  Cic.  pro  Ctecin.  6.  Quinctil.  xi. 
2.  The  sale  was  sometimes  deferred,  (auctio  pro/erebatur,) 
Cic.  ad  Atticum,  xiii.  12. 

The  seller  was  called  AUCTOR,  and  was  said  vender e 
nuctionem,  Cic.  pro  Quint.  5.  in  the  same  manner  as  a  gene, 
ral,  when  he  sold  the  whole  plunder  of  a  city,  was  said  ven- 
dere  sectionem,  Cses.  de  Bell.  Gall.  ii.  33.  The  right  of  pro- 
perty conveyed  to  the  purchaser  was  called  AUCTORI- 
TAS;  and  if  that  right  was  not  complete,  he  was  said  a  ma- 
Io  aiictore  emere,  to  buy  from  a  person  who  had  not  a  right 
to  sell,  Cic.  in  Verr.  v.  22.  Plaut.  Curo.  iv.  2,  12. 

5.  ADJUDIC ATIO,  which  properly  took  place  only  in 
three  cases ;  infamilia  herciscunda,  vel  ercto  ciundo,  i.  e.  h(e- 
reditate  dividenda,  in  dividing  an  inheritance  among  co-heirs, 
Cip.  Orat.  i.  58.  C^cin.  3.  in  communi  divideridc,  in  dividing 
a  joint  stock  among  partners,  Cic.  Ep.  vii.  12.  injinibus  re- 
gundisy  in  settling  boundaries  among  neighbours,  Cic.  Leg^. 
h  21.  when  the  judge  determined  any  thing  to  any  of  the 


Rights  o/RoiMAN  Citizens.  61 

heirs,  partners,  or  neighbours,  of  which  they  got  immediate 
property  ;  but  arbiters  were  commonly  appointed  in  scttlintj 
bounds,  Cic.  Top.  10.  Sometimes,  however,  things  were 
said  to  be  adjudged  iacljudicari)  to  a  person,  which  he  ob- 
tained by  the  sentence  of  a  judge  from  any  cause  whatever, 

6.  DONATIO.  Donations  which  were  made  for  some 
cause,  were  called  MUNERA ;  as  from  a  client  or  frced- 
man  to  his  patron,  on  occasion  of  a  birth  or  marriage.  Ter. 
Phortn.  I.  1.  13.  Those  tilings  which  were  given  without 
any  obligation,  were  called  DONA ;  but  these  words  are 
often  confounded. 

At  first  presents  were  but  rai'fely  given  among  the  Romans; 
but  afterwards,  upon  the  increase  of  luxury,  they  became 
very  frequent  and  costly.  Clients  and  freedmen  sent  pre- 
sents to  their  patrons,  Plin,  Ep.  v.  14.  slaves  to  their  mas- 
ters ;  citizens  to  the  emperors  and  magistrates  ;  friends  and 
relations  to  one  another,  and  that  on  various  occasions  ;  par- 
ticularly on  the  Kalends  of  January,  called  STRENiE  ;  at 
the  feasts  of  Saturn,  and  at  public  .entertainments,  APO- 
PHORETA  ;  to  guests,  XENIA  ;  on  birth-days,  at  mar- 
riages, Sec.  Plin.  y  Martial,  passim. 

Those  things  which  were  acquired  by  any  of  the  above- 
mentioned  methods,  or  by  inheritance,  by  adoption,  (^7to, 
gatione,)  or  by  law,  as  a  legacy,  &c.  were  said  to  be  IN  DO- 
MINIO  QUIRITARIO,  i.  c.  justo  et  legitimo :  Other 
things  were  said  to  be  IN  BONIS  :  and  the  proprietors  of 
them  were  called  BONITARII,  whose  right  was  not  so 
good  as  that  of  the  DOMINI  QUIRITARII,  qui  optimo 
jure  possidei'e  dicebantt/r^  who  were  secure  against  la\v-suits» 
But  Justinian  abolished  these  distinctions. 

When  a  person  had  the  use  and  enjoyment  of  a  thing,  but 
not  the  power  or  property  of  alienating,  it  was  called  USUS 
FRUCTUS,  either  in  one  word;  thus,  Usumfrtictum  om- 
nium bonorum  suorum  Ccesennialegat,  ut  frneretur  iinacum 
Jllio,  Cic.  Caecin.  4.  or  in  two;  as,  Usus  enim  ejus  etfructus 
fundi  testamento  viri  fuerat  Cccsennice,  lb.  7.  and  the  per- 
son FRUCTUARIUS,  or  USUFRUCTUARIUS. 

6.        The  RIGHT  of  TESTAMENT  and  INHERI- 
TANCE. 

IS^ONE  but  Roman  citizens  (sui  jmis)  could  make  a  willj 


62  ROMAN  ANTIQUITIES. 

or  be  witnesses  to  a  testament,  or  inherit  any  thing  by  testa* 
ment. 

Anciently  testaments  used  to  be  made  at  the  Comitia 
Curiata,  which  were  in  that  case  properly  called  Calata^ 
Gell.  XV.  27. 

The  testament  of  a  soldier  just  about  toengage^was  said  to 
be  made  IN  PROCINCTU,  when  in  the  camp,  wliile  he  was 
girding  himself,  or  preparing  for  battle,  in  presence  of  his 
fellow- soldiers,  without  writing,  he  named  his  heir,  {nuncii- 
pavif,)  Cic.  de  Nat.  D.  ii.  3.  de  Orat.  i.  53.  So  inprocinctu 
earmma  facta^  written  by  Ovid  at  Tomi^  where  he  was  in 
continual  danger  of  an  attact'from  the  Getae,  Pont.  i.  8.  10. 

But  the  usual  method  of  making  a  will,  after  the  laws  of  the 
twelve  tables  were  enacted,  was  PER  iES  ET  LIBRAM, 
or  per  familice  emptionem^2&  it  was  called  ;  wherein  before 
five  witnesses,  a  libripens  and  an  antestatus,  the  testator,  by 
an  imaginary  sale,  disposed  of  his  family  and  fortunes  to  one 
who  was  called  FAMILIiE  EMPTOR,  who  was  not  the 
heir,  as  some  have  thought.  Suet.  Ner.  4.  but  only  admitted 
for  the  sake  of  form,  {dicis  causa,)  that  the  testator  might  seem 
to  have  alienated  his  effects  in  hislife-time.  This  act  was  called 
FAMILIiE  MANCIPATIO ;  which  being  finished  indue 
form,  the  testator,  holding  the  testament  in  his  hand,  said, 

HiEC,UTIIN  HISTABULIS  CERISVE  SCRIPTA  SUNT,ITA 
BOiITALEGOjITA  TESTOR,  IT  AQUE  VOS,QuiRITE  S,  TES- 
TIMONIUM PR^B  I  TOTE.  Upon  which,  as  was  usual  in  like 
cases,  he  gently  touched  the  tip  of  the  ears  of  the  witnesses ; 
{auricula  tacta  antestahatiir,  quod  in  ima  at/re  memoria  locus 
erat,  Plin.  xi.  45.)  this  act  was  called  NUNCUPATIO 
TESTAMENTI,  Plin.  Ep.  viii.  18.  Hence  nuncupare 
h(Credem,iov  nominare,  scribere,  or Jacere,  Suet.  &  Plin.  pas- 
sim. But  sometimes  this  word  signifies  to  name  one's  heir 
viva  voce,  without  writing  ;  as  Horace  just  before  his  death 
is  said  to  have  named  Augustus  :  For  the  above-mentioned 
formalities  were  not  always  observed,  especially  in  later 
times.  It  was  reckoned  sufRcient  if  one  subscribed  his  will, 
or  even  named  his  heir  viva  voce,  before  seven  witnesses. 
Something  similar  to  this  seems  to  have  prevailed  anciently, 
Cic.  Verr.  i.  45,  whence  an  edict  about  that  matter  is  called 
by  Cicero,  Vetus  et  Translaticium,  as  being  usual, 


Rights  o/" Roman  Citizens."  6.1 

Sometimes  the  testator  wrote  his  will  wholly  with  his  own 
hand,  in  which  case  it  was  called  holographum.  Sometimes  it 
was  written  by  a  friend  or  by  others,  Plin.  Efnst.  vi.  26. 
Thus  the  testament  of  Augustus  was  partly  written  by  him- 
self, and  partly  i:)y  two  of  his  frecdmen,  Suet.  Au^.  102. 
Lawyers  were  usually  employed  in  writing  or  drawing  up 
wills,  Cic.  dc  Orat.'n.  6.  Suet.  JVer.  32.  But  it  was  ordained 
under  Claudius,  or  Nero,  that  the  writer  of  another's  testa- 
ment (galled  by  lawyers  tcstamentarius)-,  should  not  mark 
down  any  legacy  for  himself,  Suet.  Aer.  17.  When  a  tes- 
tament was  written  by  another,  the  testator  wrote  below, 
that  he  had  dictated  and  read  it  over,  (se  id  digtassket 
REC0GN0VIS3E.)  Testaments  were  usually  written  on  ta- 
bles covered  over  with  wax,  because  in  them  a  person  could 
most  easily  erase  what  he  wished  to  alter,  Qtdnctilian.  x,  3. 
31.  Hence  Cerje  is  put  for  tabulae  cerata  or  tabula  testa- 
menti,  Juvenal,  i.  63.  Prima  ceb  a,  for  prima  pars  tabulae, 
the  first  part  of  the  will,  Horat,  Sat.  ii.  5.  5'2.  and  cera 
EXTREMA,  or  i/??<2,  for  the  last  part,  Cic.  Verr.  i.  36.  Suet, 
Juvenal.  83.  But  testaments  were  called  Tabula,  although 
written  on  paper  or  parchment,  Ulpian. 

Testaments  were  always  subscribed  by  the  testator,  and 
usually  by  the  witnesses,  and  sealed  with  their  seals  or  rings, 
(.signis  eorum  obsignabantur,)  Cic.  pro  Cluent.  13,  &  14.  and 
also  with  the  seals  of  others,  Cic.  Att.  vii.  2.  Suef.  Tib.  c. 
nit.  Flm.  Ep.  ix.  1.  They  were  likewise  tied  with  a  thread. 
Hence  nee  mea  subjecta  convicta  est  gemma  tabella  menda- 
cem  linis  imposuisse  notam^  Nor  is  my  ring,  i.  e.  nor  am  I 
convicted  of  having  affixed  a  false  mark,  or  seal,  to  the  thread 
on  a  forged  deed  or  will,  Ovid.  Pont.  ii.  9.  69.  It  was  or- 
dained that  the  thread  should  be  thrice  drawn  through  holes, 
and  sealftd,  Suet.  Ner.  17. 

The  testator  might  unseal  {resignare)  his  will,  if  he  wish- 
ed to  alter  or  revise  it,  {miitare\Q\  recognoscere.)  Sometimes 
he  cancelled  it  altogether ;  sometimes  he  only  erased  iindu 
cebat  V.  delebat')  one  or  two  names. 

Testaments,  like  all  other  civil  deeds,  were  ahvaj'^s  writ- 
ten in  Latin.  A  legacy  expressed  in  Greek  was  not  valid, 
Ulpian.  Fragm.  xxv.  9. 

There  used  to  be  several  copies  of  the  same  testament. 
Thus,  Tiberias  made  two  copies  of  his  wilK  tlic  one  writ- 


64  ROMAN  ANTIQUITIES. 

ten  by  himself,  and  the  other  by  one  of  his  freedmen,  Suei^ 
Tib.  c.  tilt. 

Testaments  were  deposited,  either  privately  in  the  hands 
of  a  friend,  or  in  a  temple  with  the  keeper  of  it,  {apitd  Mdi- 
tuum.)  Thus  Julius  Cassar  is  said  to  have  entrusted  his 
testament  to  the  eldest  of  the  Vestal  Virgins,  Suet.  Jul.  83. 

In  the  first  part  of  a  will,  the  heir  or  heirs  were  written 
thus:  TiTius  MiHi  HiEREs  ESTo  sit  V.  evit ;  orthuSjTiTi' 
UM  H^EREDEM  ESSE  jUBEo,vel  volo  ;  ?\so,  Iiarede^faciOy 
scribo,  ifjstituto.  If  there  were  several  heirs,  their  different 
liortions  were  marked.  If  a  person  had  no  children  of  his 
own,  he  assumed  others,  not  only  to  inherit  his  fortune,  but 
also  to  bear  his  name,  {noinen  suumferre^  as  Julius  Cccsar 
did  Augustus,  iin  familiam  nomenque  adoptavit^  adscivit. 
Suet.  Assumpsit^  Piin.) 

If  the  heir  or  heirs  who  were  first  appointed  {instituti)  did 
not  chuse  to  accept,  {htereditatem  adircy  v.  cernere  nollent^) 
or  died  under  the  age  of  puberty,  others  were  substituted  in 
their  room,  called  H^REDES  SECUNDI ;  secundo  loco 
V.  grada  saipti  v.  substituti,  Cic.  pro  Cluent.  11.  Horat, 
Sat.  ii.  5.  45.  Suet.  Jul.  83. 

A  corporate  citj-  {respublica)  could  neither  inherit  an  es- 
tate, nor  receive  a  legacy,  Plin,  Ep.  v.  7.  but  this  was  after- 
wards changed. 

A  man  might  disinherit  {exhceredare)  his  own  children, 
one  or  all  of  them,  and  appoint  what  other  persons  he  pleas- 
ed to  be  his  heirs  ;  thusTlTIUS   FILIUS    MEUS   EXHERES 

ESTO,  Fiin.  Ep,  v.  1.  Hence  Juvenal.  Sat.  10.  Codice  sarvo 
hceredes  vetat  esse  suos.  Sometimes  the  cause  (ELOGI- 
UM,  i.  e.  causa  ex/neredationis,)  was  added,  Cic.  pro  Clu- 
ent. 48.  Quinctilian.  vii.  4.  40.  decl.  2.  A  testament  of  this 
kind  was  called  INOFFICIOSUM ;  and  when  the  chi^jJren 
raised  an  action  for  rescinding  it,  it  was  said  to  be  done  pet' 
querelam  inofficiosi. 

Sometimes  a  man  left  his  fortune  in  trust  (Jidei  committe- 
bat)  to  a  friend  on  certain  conditions,  particularly  that  he 
bhould  give  it  up  {ut  restitueret  v.  redderet)  to  some  person 
or  persons.  Whatever  was  left  in  this  manner,  whether  the 
whole  estate,  or  any  one  thing,  as,  a  farm,  &c.  was  called 
FIDEICOMMISSUM,  a  trust ;  and  a  person  to  whom  it 


Rights  0/ Roman  Citizens.  bS 

was  thus  left,  was  called  HiERES  FIDUCIARIUS,  who 
might  either  be  a  citizea  or  a  foreigner,  1.  8.  f^  4.  D.  de  ac- 
ctptil. 

A  testament  of  this  kind  was  expressed  in  the  form  of  re- 
quest or  intre.ity,  (ver'jis /jrecativi  ;)  thus,  Roco,   peto, 

VOLO,  MANDO,  FIDEI    TUJE  COMMITTC,    /Vr.  .i?ld.  U.    5. 

and  not  bj'  way  of  coni-nand,  {vtrOis  imperativu)  as  all  tes- 
taments vvere,  and  might  be  written  in  any  language. 

Ii\  the  last  part  of  the  will,  {in  tahulis  seciindisd^utovs  were 
appointed  for  one's  children,  and  legacies  Uegata)  left  to  le- 
gatees, ilegatariis,)  all  in  direct  and  commanding  words  ; 
thus.  Tutor  esto,  f<?/TUTOREs  sunto  :  tutorem,Vo 
— Es  DO,  Cic.  Ep.  xiii.  61.  Plin.  Ep.  ii.  1.  And  to  their 
protection  the  testator  recommended  his  children,  Ovid. 
Trist.  iii.  Eieg.  14. 

Legacies  were  left  in  four  different  ways,  which  lawyers 
have  distinguished  by  the  following  names, —  1.  Pfr  VIN- 
DICATIONEM;  thus,  Do,  lego;  also,  Capito,  su- 
mito,  v.  habeto,  to  which  Virgil  alludes,  ^/Sn.  v.  533. 
This  form  was  so  called  from  the  mode  of  claiming  proper- 
ty, Cic.  pro  Murcen,  12.— 2.  Per  DAMNATIONEM  : 
thus  H^.RES  MEUS  damnas  esto  dare,  &c.  Let  my 
heir  be  bounds  ^c.  Quinciii.  vii.  9.  and  so  in  the  plural  dam- 
nas sunto.  By  this  form  the  testator  was  said,  damnare 
haredem^  to  bind  his  heir.  Hence  damnare  aliqiiem  votiS) 
Virg.  iEn.  V.  80.  Civitas  damnata  voti^  bound  to  perform, 
Ijiv.  V.  25.    But  it  was  otherwise  expressed,  thus,  H^r  e  s 

MEUS  DATO,  FACITO  ;  H.EREDEM  MEUM  DARE  JUBEO 

t — 3.  SINENDI  modo  :  thus,   H^res  meus  sinito,  vel 

DAMNAS    ESTO    SINERE  LuCIUM    TiTlUM    SUMERE     IL- 

LAM  REM,  V.  siBi  HABERE. — 4  Per  PRiECEPTIO- 
NEM;  thusL.TiTius  illam  rem  PRyEcipiTo,E  medio, 

vel  E   media  HiEREDITATE   SUMITO,    SIBiqUE    HABETOj 

vel  Pnecipiat^  &c.  when  any  thing  was  left  to  any  person, 
which  he  was  to  get  before  the  inheritance  was  divided,  or 
when  any  tiling  particular  was  left  to  any  one  of  the  coheirs 
beside  his  own  sliare,  to  which  Virgil  alludes,  j^n.  ix.  271. 
Hence  pr-(Ecipere,  to  receive  in  preference  to  others ;  and 
PR/ECEPTio,  a  certain  legacy  to  be  paid  out  of  the  first  part 
of  the  fortune  of  the  deceased,  Plin.  Ep.  v.  7.  as  certain 


m  ROMAN  ANTIQUITIES. 

creditors  had  a  privilege  to  be  prefejred  to  others  (proto- 
PRAxiA,  i.  e.  privitegium  quo  ceteris  creditoribus pnepo- 
7iantur,)  Id.  x.  109,  110. 

When  additions  were  made  to  a  will,  they  were  called 
CODICILLI.  They  were  expressed  in  the  form  of  a  letter 
addressed  to  the  heirs,  sometimes  also  to  trustees,  {adjidei- 
co?nmissarlos.)  It  behoved  them  however  to  be  confirmed 
by  the  testament,  Plin.  Ep.  ii.  16. 

After  the  death  of  the  testator,  his  will  was  opened,  Horat. 
lip.  i.  7.  in  presence  of  the  witnesses  who  had  sealed  it,  (c-o- 
ram  signatorihus,,)  or  a  majority  of  them.  Suet.  Tib.  23,  And 
if  they  were  absent  or  dead,  a  copy  of  the  will  was  taken  in 
presence  of  other  respectable  persons,  and  the  authentic  tes- 
tament was  laid  up  in  the  public  archives,  that  if  the  copy 
were  lost,  another  might  be  taken  from  it,  {esset  unde  pell 
posset.)  Horace  ridicules  a  miser,  who  ordered  his  heirs  to 
Inscribe  on  his  tomb  the  sum  he  left,  Sat.  ii.  3.  84. 

It  was  esteemed  honourable  to  be  named  in  the  testament 
of  a  friend  or  relation,  and  considered  as  a  mark  of  disre- 
spect to  be  passed  over,  Cic.  pro  DomOj  l9  Sc  32.  pro  Sext. 
52.  FlvJ.  ii.  16.  Suet.  Aug.  66. 

It  was  usually  required  by  the  testament,  that  the  heir 
should  enter  upon  the  inheritance  within  a  certain  time,  in 
50  or  100  days  at  most,  Cic.  adAtt.  xiii.  46.  de  Orat.  i.  22. 
Plm.  Ep.  X.  79.  This  act  was  called  H^REDITATIS 
CRETIO,  {hceres  cum  constituet  se  hceredem  esse  dicitur 
c  ERF  ERE,  Fair.  L.  L.  vi.  5.)  and  was  performed  before  wit- 
nesses  in  these  words  :  Cum  me  M^evius  h^redem  in- 

STITUERET,    EAM     H.EREDITATEM     CERNO     ADEOqUE. 

After  saying  which,  ijdictis  cretionis  verbis^  the  heir  was 
said  HiEREDiTATEM  ADissE.  But  whcu  this  formality 
(Cretionis  solemnitas)  was  not  required,  one  became 
heir  by  acting  as  such,  iprohar&de  se  gerendo,  vel  ges- 
TioNE,  although  he  might  also,  if  he  chose,  observe  the  so^ 
iemn  form. 

If  the  father  or  grandfather  succeeded,  they  were  called 
haredes  ASCENDENTES  ;  if,  as  was  natural,  the  chil- 
dren  or  grandchildren,  DESCENDENTES  ;  if  brothers 
or  sisters,   COLLATERALES. 

If  any  one  died  w  ithout  making  a  \vi\\,{intestatus,)  his 
goods  devolved  on  his  nearest  relations ;  first  to  his  chil- 


Rights  q/"  Roman  CixiziiNb.  (>. 

dren  ;  failing  them  to  his  nearest  relations  by  the  father's 
side,  (agjiatis,)  and  failing  them  to  those  ol"  the  same  gens 
{gentUibu.s.)  At  Nice,  the  community  claimed  the'  estate 
of  every  citizen  who  died  intestate,  Plin.  x.  88. 

The  inheritance  was  commonly  di\ided  into  twelve  parts, 
called  uncite.  The  whole  was  called  AS.  Hence  hcsres  edc 
asse^  heir  to  one's  whole  fortune;  hares  ex  semisse,ex  trieri" 
te,  dodrantCy  &c.  to  the  half,  third,  three  fourths,  &c. 

The  UNCIA  was  also  divided  into  parts;  the  half  SE- 
MUNCIA,  the  third  DUELLA,  or  bina  sextuU,  the 
fourth  SICILICUM,  v.  -m,  the  sixth  SEXTULA,  Ck, 
pro  C^cin.  6. 

7.  7'he  RIGHT  o/TUTELAGE  or  WARDSHIP. 

Any  father  of  a  family  i?iight  leave  whom  he  pleased  as 
guardians  {tutores)  to  his  children,  Liv.  i.  34.  But  if  he  died 
intestate,  this  charge  devoh'ed  by  law  on  the  nearest  relation 
by  the  father's  side.  Hence  it  was  called  TUTELA  LE- 
GITIM  A.  This  law  is  generally  blamed,  as  in  later  times 
it  gave  occasion  to  many  frauds  in  prejudice  of  wards,  ipu- 
pil/i,)  Horat.  Sat.  ii.  5.  Juvenal.  Sat.  vi.  38. 

When  there  was  no  guardian  by  testament,  nor  a  legal 
one,  then  a  guardian  was  appointed  to  minors  and  to  wo- 
men by  the  praetor,  and  a  majority  of  the  tribunes  of  the 
people  by  the  Atilian  law,  made  A.  U.  443.  But  this  law 
was  afterwards  changed. 

Among  the  ancietit  Romans,  women  could  not  transact 
any  private  business  of  importance,  without  the  concur- 
rence of  their  parents,  husbands  or  guardians,  Liv-  xxxiv. 
2.  Cic>  Flacc.  34.  &  Z^.  and  a  husband  at  his  death  might 
appoint  a  guardian  to  his  wife,  as  to  his  daughter,  or  leave 
her  the  choice  of  her  own  guardians,  Liv.  xxxix.  19.  Wo- 
men, however,  seem  sometimes  to  have  acted  as  guardians, 
Liv,  xxxix.  9.. 

If  any  guardian  did  not  discharge  his  duty  properlj'-,  or  de- 
frauded his  pupil,  there  was  an  action  against  him,  {.judi- 
cium tutelcdy)  Cic.  pro  Q.  Rose.  6.  Orat.  i.  S6.  Caecin.  3. 

Under  the  emperors  guardians  were  obliged  to  give  ^  cu= 
rity  isatisdare  for  their  proper  conduct,  (rem  puriLLi 
FORE  SALVAM,)  Digest.  A  signal  instance  of  punisi-mcnt 
inflicted  on  a  perfidious  guardian  is  recorded,  Suet,  Oalb.  9. 


m  ROMAN  ANTIQUITIES. 

II.  PUBLIC  RIGHTS  OF  ROMAN  CITIZENS. 

THESE  were  Jus  Census,  Mdaiie,  Tributorum^  Suffra- 
gii,  Honor  urn,  et  Sacrorum. 

I.  JUS  CENSUS.  The  right  of  being  inrolled  in  the 
censor's  books.     This  will  be  treated  of  in  another  place. 

II.  JUS  MILITIiE.  The  right  of  serving  in  the  army. 
At  first  none  but  citizens  were  enlisted,  and  not  even  those 
of  the  lowest  class.  But  in  after  times  this  was  altered  ;  and 
under  the  emperors,  soldiers  were  taken,  not  only  from  Italy 
and  the  provinces,  but  also  at  last  from  barbarous  nations, 
^OA7/72.  iv.  30,  &  31. 

III.  JUS  TRIBUTORUM.  Tributum  properly  was 
money  publicly  imposed  on  the  people,  which  was  exacted 
from  each  individual  through -the  tribes  in  proportion  to 
the  valuation  of  his  estate,  {pro  portione  census.)  Money 
publicly  exacted  on  any  other  account,  or  in  any  other  man- 
ner, was  callt'd  VECTIGAL,  Farro  de  Ling.  Lat.  iv.  36. 
But  these  words  are  not  always  distinguished. 

There  were  three  kinds  of  tribute  ;  one  imposed  equally 
on  each  person,  {in  capita^')  which  took  place  under  the  first 
kings,  Dionys.  iv.  43. ;  another  according  to  the  valuation  of 
their  estate;  (ex  censu^)  Liv.  i.  43.  iv.  60.  Dionys.  iv.  8.  19. 
and  a  third,  which  was  extraordinary,  and  demanded  only  in 
cases  of  necessity,  and  therefore  depending  on  no  rule,  {te- 
merarium,  Festus.)  It  was  in  many  instances  also  volunta- 
ry. L?v.  xxvi,  36.  and  an  account  of  it  was  taken,  that  when 
the  treasury  was  again  enriched,  it  might  be  repaid,  as  was 
done  after  the  second  Punic  war.  Id. 

After  the  expulsion  of  the  kings,  the  poor  were  for  some 
time  freed  from  the  burden  of  taxes,  until  the  year  349, 
\yhen  the  senate  decreed,  that  pay  should  be  given  from  the 
treasury  to  the  common  people  in  the  army,  who  had  hith- 
erto served  at  their  own  expence  ;  vv  hereupon  all  were  forc- 
ed to  contribute  annually  according  to  their  fortune  for  the 
pay  of  the  soldiers,  Liv.  iv.  59,  and  60. 

In  the  year  of  the  city  586,  annual  tributes  were  remitted, 
on  account  of  the  immense  sums  brought  into  the  treasury 
by  L.  Paullus  j^milius,  after  the  defeat  of  Perseus,  Cic.  Of- 
fic.  ii.  22.  and  thisimnnniity  from  taxes  continued,  according 
fo  Plutarch,  down  to  the  consulship  of  Hirtius  and  Pansa. 


Rights  q/'Roman  Citizens.  69 

The  other  taxes  (VECTIGALIA)  were  of  three  kinds, 

Pofto?'iiim,  Decu?ji^j  and  Scrip tura. 

I.  PORTORIUM  was  money  paid  at  the  port  for  goods 
imported  and  exported,  the  collectors  of  which  were  called 
PORTI TORES ;  or  for  carry inj?  goods  over  a  bridge, 
where  every  carri?(re  paid  a  certain  sum  to  the  exacter  ol'the 
toll,  Digest.  Vid.  C^fs.  B.  G.  I.  18.  etlll.  1.  The  portoria 
were  remitted  A.  U.  692,  the  year  in  which  Pompey  trium- 
phed over  Mithridates,  Dio.  37,  51.  Cic.  Att,  ii.  16.  but 
were  afterwards  imposed  on  foreign  merchandize  by  Caesar, 
Suet.  Jul.  43. 

2.  DECUM-^,  Tithes,  were  the  tenth  part  of  com,  and 
the  fifth  part  of  other  fruits,  which  were  exacted  from  those 
who  tilled  the  public  lands,  either  in  Italy  or  without  it. 
Those  who  farmed  the  tithes  were  called  DECUMANI, 
and  esteemed  the  most  honourable  of  the  publicans  or  far- 
mers general,  as  agriculture  w  as  esteemed  the  most  honour- 
able way  of  making  a  fortune  among  the  Romans,  Cic.  Ferr, 
ii.  13.  iii.  8.  The  ground  from  which  tithes  were  paid  was 
also  called  DECUMANUS,  Cic  Ferr.  iii.  6.  But  these 
lands  were  all  sold  or  distriliiited  among  the  citizens  at  dif- 
ferent times,  and  the  land  of  Capua  the  last,  by  Caesar,  Suet, 
Jul.  20.  Cic.  Att.  ii.  16. 

3.  SCRIPTURA  was  the  tax  paid  from  public  pastures 
and  woods,  so  called,  because  those  who  wished  to  feed  their 
cattle  there,  subscribed  their  names  before  the  farmer  of 
them  {coram  pecuario  vel  scnptuario,)  Varro  de  Re  Rusti- 
ca,  ii.  2.  16.  and  paid  a  certain  sum  for  each  beast ;  Festus 
in  ScRiPTUARius  iVcER  :  as  was  likewise  done  in  all  the 
tithe-lands,  Cm  agris  de'cumanis^)  Cic.  Verr.  iii.  52.  Piaut. 
True.  i.  2.  44. 

All  those  taxes  were  let  publicly  by  the  censors  at  Rome, 
{locubantur  sub  hasta^  Cic.  Rull.  i,  3.  Those  who  farmed 
thein  {redimebant  v.  conducebant,)  were  called  PUBLIC  A- 
Nl  or  MANCIPES,  dc.  pro  Domo,  10.  They  also  gave 
securities  to  the  people,  (Prides,)  and  had  partners  who 
shared  die  profit  and  loss  with  them,  (Socii.) 

There  was  long  a  tax  upon  salt.  In  tlie  second  year  after 
the  expulsion  oFTarquin,  it  was  ordained  that  salt  should 
not  be  sold  by  private  persons,  but  should  be  furnished  at  a 


1-0  ROMAN  ANTIQUITIES. 

lower  rate  by  the  public,  Liv.  ii.  9.  A  new  tax  was  impos- 
ed  on  salt  in  the  second  Punic  war,  at  the  suggestion  of  the 
censors  Claudius  Nero  and  Livius,  chiefly  the  latter,  who 
hence  got  the  sirname  of  Salinator^  Liv.  xxix.  37.  But  this 
tax  was  also  dropped,  although  it  is  uncertain  at  what  time. 

There  was  another  tax  which  continued  longer,  called  \T- 
CESIMA,  i.  e.  the  twentieth  part  of  the  value  of  any  slave 
who  was  freed,  Cic.  Att,  ii.  16.  It  was  imposed  by  a  law  of 
the  people  assembled  by  tribes,  and  coiifirmed  by  the  senate.^ 
What  was  singular,  the  law  was  passed  in  the  camp,  Liv. 
vii.  1 6.  The  money  raised  from  this  tax  {aurum  vicesimaru 
um)  used  to  be  kept  for  the  last  exigencies  of  the  state,  Liv. 
xxvii.  10. 

Various  other  taxes  were  invented  by  the  emperors  ;  as 
the  hundredth  part  of  things  to  be  sold,  fcentesima^  Tacit. 
i.  78.)  tlie  twenty-fifth  of  slaves,  (vigesima  quinta  mancipio- 
rum^)  and  the  twentieth  of  inheritances,  {vigesima  hceredita- 
tum^)  by  Augustus,  Suet.  Aug.  49.  Dio.  Iv.  25.  a  tax  on 
eatables,  {pro  eduliis^)  by  Caligula,  Suet.  40.  and  even  on 
urine,  by  Vespasian,  Suet.  23,  &;c. 

IV.  JUS  SUFFRAGII,  the  right  of  voting  in  the  diffe- 
rent assemblies  of  the  people. 

V.  JUS  HONORUM,  the  right  of  bearing  public  offices 
in  the  state.  These  were  cither  priesthoods  or  magistracies, 
Qacerdotia  et  magistratus,)  which  at  first  were  conferred  only 
on  Patricians,  but  afterwards  were  all,  except  a  few,  shared 
with  the  Plebeians. 

VL  JUS  SACRORUM.    Sacred  rites  were  either  pub- 
lic or  private.   The  public  were  those  performed  at  the  pub- 
lic expence  ;  the  private  were  those  which  every  one  pri- 
vatelj"  observed  at  home.     The  Vestal  Virgins  preserved 
the  public  hearth  of  the  city  ;  the  curiones  with  their  curia- 
les  kept  the  hearths  of  the  thirty  curias  ;  the  priests  of  each 
village  kept  the  fires  of  each  village,  {Pagoruni).    And  be- 
cause upon  the  public  establishment  of  Christianity  in  the  ^ 
empire,  when  by  the  decrees  of  Constantine  and  his  sons, 
the  profane  worship  of  the  gods  was  prohibited  in  cities,  and 
their  temples  shut,  those  who  Avere  attached  to  the  old  super- 
stition  fied  to  the  country,  and  secretly  performed  their  for- 
mer sacred  rites  in  the  villages  j  hence  PAGANS  came  to 


Rights  of  Roman  Citizens.  71 

be  used  for  Heathens,  (i^ikci,  Gentiiesjov (or thosewhowcTo 
not  Christians  ;  as  anciently  amon?  the  Romans  those  were 
called  PAGANI  u'ho  were  not  soldiers,  Juvenal,  xvi.  32. 
Suet.  Gall}.  19.  Plin.  Ep.  vii.  25.  -Thus,  Pagani  et  Mon- 
taniy  are  called  Plebes  Urbana  by  Cicero,  because  they  were 
ranked  among  the  city  tribes,  although  they  lived  in  tlie 
villages  and  mountains,  pro  Dov.o^  28. 

Each  g€?is  had  certain  sacred  rites  peculiar  to  itself,  {geri' 
t.iUtia,  Liv.  v.  52.)  which  they  did  not  intermit  even  in  the 
heat  of  a  war,  Liv.  v.  46.  Every  father  of  a  family  had  liis 
own  household  gods,  whom  he  worshipped  privately  at 
home. 

Those  who  came  from  the  free  towns,  and  settled  at 
Rome,  retained  their  municipal  sacred  rites ;  and  the  co- 
lonies retained  the  sacred  rites  of  the  Roman  people. 

No  new  or  foreign  gods  could  be  adopted  by  the  Ro- 
nians,  unless  by  public  authority.  Thus  iEsculapius  was 
publicly  sent  for  from  Epidaurus,  and  Cybele  from  Phry- 
gia,  Liv.  xxix.  1 1.  &  12.  Hence  if  any  one  had  introduced 
foreign  rites  of  himself,  they  were  publicly  condemned  by 
the  senate,  Liv.  iv.  30.  xxv.  1.  xxxix.  16.  But  under  the 
emperors  all  the  superstition  of  foreign  nations  flocked  to 
Rome ;  as  the  sacred  rites  of  Isis,  Serapis,  and  Anubis 
from  Egypt,  Sic. 

These  were  the  private  and  public  rights  of  Roman  citi- 
zens. It  was  a  maxim  among  the  Romans,  that  no  one 
could  be  a  citizen  of  Rome,  who  suflTered  himself  to  be 
made  a  citizen  of  any  other  city,  Cic.  pro  C(scin.  ^6.  Nepos 
in  vita  Attici,  3.  which  was  not  the  case  in  Greece,  Cic.  pro 
Arch.  5.  And  no  one  could  lose  the  freedom  of  the  city  a^ 
gainst  his  will,  Cic  pro  Dom.  29.  &  30.  pro  C^cin.  33.  If 
the  rights  of  a  citizen  were  taken  from  any  one,  either  by 
way  of  punishment,  or  for  any  other  cause,  some  fiction 
always  took  place.  Thus  when  citizens  were  banished,  they 
did  not  expel  them  by  force,  but  their  goods  were  coniiscat- 
«sd,  and  themselves  were  forbidden  the  use  of  fire  and  water, 
iiis  igne  et  aqua  interdictum  est),  which  obliged  them  to  re- 
pair to  some  foreign  place.  Augustus  added  to  this  form  of 
banishTuent  what  was  called  DEPORT ATIO,  whereby 
th€  cond-s-'nuied  being  deprived  of  their  rights  and  fortunes. 


72  ROMAN  ANTIQUITIES. 

were  conveyed  to  a  certain  place,  without  leaving  it  to  theif 
own  choice  to  go  where  they  pleased. 

When  any  one  was  sent  away  to  any  place  without  being 
deprived  of  his  rights  and  fortunes,  it  was  called  RELEGA- 
TIO.  Thus  Ovid,  Tnst.  ii.  137.  v.  11.  21. 

So  captives  in  war  did  not  properly  lose  the  rights  of  ci- 
tizens. Those  rights  were  only  suspended,  and  might  be 
recovered,  as  it  was  called,  jure  postliminii.,  by  the  right  of 
restoration  or  return,  Cic.  Top.  8.  de  Orat.  i.  40. 

In  like  manner,  if  any  foreigner,  who  had  acquired  the 
freedom  of  Rome,  returned  to  his  native  city,  and  again  be- 
came a  citizen  of  it,  he  ceased  to  be  a  Roman  citizen. 
Cic.  pro  Balb.  12.  This  was  cdlled  postliminium ^  with  re- 
gard to  his  own  country,  and  rejectio  civitatis  with  regard 
to  Rome. 

Any  loss  of  liberty,  or  of  the  rights  of  citizens,  was  call- 
ed DIMINUTIO  CAPITIS,  Cic,  pro  Mil.  36.  jus  liberta- 
tis  imrninutum^  Sallust.  Cat.  37.  Hence  Capitis  minor  sc. 
ratione  vel  respectu,  or  capite  diminutus,  lessened  in  his 
state,  or  degraded  from  the  rank  of  a  citizen,  Horat.  Od.  iii, 
5.  42.  The  loss  of  liberty,  w  hich  included  the  loss  of  the 
eity,  and  of  one's  family,  was  called  diminutio  capitis  maxi- 
ma ;  banishment,  diminutio  media  ;  any  change  of  family, 
minima.  Digest,  ii.  de  capite  minutis. 
JUS  LATIL 

THE  JUS  LATH  or  LATINITAS,  Suet.  Aug.  47. 
Cic.  Att.  xiv.  12.  was  next  to  the^/wj  civitatis. 

Latium  anciently  {.Latium  Vetus)  was  bounded  by  the 
rivers  Tiber,  Anio,  Ufens,  and  the  Tuscan  sea.  It  contain- 
ed the  Albans,  Rutuli,  and  IE,qm.  It  was  afterwards  ex- 
tended {Latium  N'ovum)\.o  the  river  Liris,  and  comprehend- 
ed the  Osci,  Ausones,  and  V'olsci,  Pluu  lii.  9.  The  inhabi- 
tants of  Latium  were  called  Latini  Soon,  nomen  La- 
TiNUM,  ET  socii  Latini  nominis,  &c.  Socii  ct  Latinum 
nomen,  mean  the  Italians  and  Latins. 

The  JUS  LATH  was  inferior  to  the  jus  civitatis,  and 
superior  to  th.^  jus  Italicum.  But  the  precise  difference  is 
not  ascertained. 

The  Latins  used  their  own  laws,  and  were  not  subject  to 
the  edicts  of  the  Roman  praetor.  They  were  permitted  to 


JUS  LATH.  7ri 

adopt  some  of  the  Roman  laws,  if  they  chose  it,  atid  then 
they  were  called  POPULI  FUNDI,  Cic.  pro  Balh.  8.  If 
any  state  did  not  chuse  it,  it  was  saitl  e  i  l e  c  i ,  wdeea  lege 
puNDus  FIERI  NOLLE,!,  e.  auctov^  subscHp  tor  esse,  v.  earn 
probare  tt  r cap  ere,  lb. 

The  Latins  were  not  inrolled  at  Rome,  but  in  their  own 
cities,  Liv.  xli.  9.  They  might  be  called  to  Rome  to  give 
their  votes  about  any  thing,  Liv.  xxv.  3.  But  then  they 
were  not  included  in  a  certain  tribe,  and  used  to  cast  lots  to 
know  in  what  tribe  they  should  vote,  ibid,  and  when  the 
consuls  chose,  they  ordered  them  by  a  decree  of  the  senate 
to  leave  the  city,  Cic.  Brut.  26.  which  however  rarely 
happened,  Cic.  pro  Sextio,  15. 

Such  Latins  as  had  borne  a  civil  office  in  their  own  state, 
became  citizens  of  Rome,  Appian,  de  Bell.  Civ.  ii.  p.  443. 
but  could  not  enjoy  honours  before  the  lex  Julia  was  made, 
Liv.  viii.  4.  xxiii.  22.  by  which  law  the  right  of  voting  and 
of  enjoying  honours  was  gr  inted  to  those  who  had  continued 
iliithful  to  Rome  in  the  Social  war,  A.  U.  663  ;  which  the 
Latins  had  done.  The  distinction,  however,  between  the 
jusLatii  and  thtjus  civitatis,  and  the  same  mode  of  acquir- 
ing the  full  riglit  of  citizenship,  (per  Latium  in  civitatem  ve- 
niendi,)  was  still  retained,  Flin.  Paneg.  37.  &:  39.  Strab.  iv, 
p.  186.  f. 

The  Latins  at  first  were  not  allowed  the  use  of  arms  for 
their  own  defence,  without  the  order  of  the  people,  Liv.  ii<, 
30.  iii.  19.  but  afterwards  they  served  as  allies  in  the  Ro- 
man  army,  and  indeed  constituted  the  principal  part  of  its 
strength.  They  sometimes  furnished  two  thirds  of  the 
cavalry,  and  also  of  the  infantry,  Liv.  iii.  22.  xxi.  17.  eC 
alibi  passim.  But  they  were  not  embodied  in  the  legions, 
and  were  treated  with  more  severity  than  Roman  citizens, 
being  punished  with  stripes,  from  which  citizens  were  ex- 
empted by  the  Portian  law,  Sallust.  Jug.  69. 

The  Latins  had  certain  sacred  rites  in  common  with  Ro- 
man citizens  ;  as  the  sacred  rites  of  Diana  at  Rome,  (institu- 
ted by  Servius  TuUius,  Liv.  i,  45.  in  imitation  of  the 
Amp hicty ones  at  Delphi,  and  of  the  Grecian  states  in  Asia 
in  the  temple  of  Diana  at  Ephesus,  Dionys.  iv.  26.)  and  the 
Latin  holy  days  kept  with  great  solemnity  on  the  Aiban 

M 


U  KOMAN  ANTIQUITIES. 

mountain  ;  first  for  one  clay,  the  27th  April,  and  afterwards 
for  several  days.  The  Romans  always  presided  at  the  sa- 
(Orifices,  Xfr.  xxi.  c.  zdt.  xx.  l.Dionys.  iv.  49.  Besides  these, 
the  Latins  had  certain  sacred  rites,  and  deities  peculiar  to 
themselves,  wliich  they  worshipped  ;  as  Feronia  at  Terra- 
cina,  Jupiter  at  Lanuvium,  Liv.  xxxii.  9. 

They  had  also  solemn  assemblies  in  the  grove  of  Feren- 
tiaa,  Liv.  i.  50.  which  appear  in  ancient  times  to  have  been 
employed  for  political  as  well  as  religious  purposes.  From 
this  convention  all  those  were  excluded  who  did  not  en- 
ioy  Xhtjus  Lata, 

JUS  ITALICUM, 

A  LL  tlie  country  between  the  Tuscan  and  Adriatic  seas, 
■^^  to  the  rivers  Rubicon  and  Macra,  except  Latium,  was 
called  Italy.  The  states  of  Italy  being  subdued  by  the  Ro- 
mans in  different  wars,  were  received  into  alliance  on  diffe- 
rent conditions.  In  many  respects  they  were  in  the  same  state 
with  the  Latins.  They  enjoyed  their  own  laws  and  magis» 
trates,  and  were  not  subject  to  the  Roman  Praetor.  They 
were  taxed  icensi)  in  their  own  cities,  and  furnished  a  certain 
nuTnber  of  soldiers  according  to  treaty.  But  they  had  no  ac- 
cess to  the  freedom  of  Rome,  and  no  participation  of  sa- 
cred rite.^. 

After  the  second  Punic  war,  several  of  the  Italian  states, 
ibr  having  revolted  to  Hannibal,  were  reduced  to  a  harder 
condition  by  the  Dictator  Sulpicius  Galba,  A.  U.  550 ;  es- 
pecially the  Bruttii,  Picentiniy  and  Lucani,  who  were  no  long- 
er treated  as  allies,  and  did  not  furnish  soldiers  but  public 
slaves,  A.  Gall.  x.  3.  Capua,  which  a  little  before  had  been 
taken,  lost  its  pubhc  buildings  and  territory,  Liv.  xxvi.  16, 
But  after  a  long  and  violent  struggle  in  the  Social,  or  Marsic 
war,  all  the  Italians  obtained  the  right  of  voting  and  of  en- 
joying honours  by  the  Julian,  and  other  laws.  Sylia  abridg- 
ed these  privileges  to  those  who  had  favoured  the  opposite 
party:  but  this  was  of  short  continuance,  Cic.  pro  Domo^ 
30.  Augustus  made  various  changes.  He  ordered  the  votes 
of  the  Italians  to  be  taken  at  home,  and  sent  to  Rome  at  the 
day  of  the  comitia.  Suet.  Aug.  46.  He  also  granted  them  an 
exemption  from  furnishing  soldiers,  Herodian.  lu  IL 


Provinces.  7b 

The  distinction  ofthejw?  Litii  and  ftalicum,  however^ 
still  continued.  And  these  ricrhts  were  (panted  to  various  ci- 
ties  and  states  out  of  Italy,  P/in.  in.  3.  4.  In  consequence 
of  which,  farms  in  those  phices  were  said  to  he  IN  SOLO, 
ITALICO,  as  well  as  those  in  Italy,  aiid  were  called  PR^^- 
DIA  CENSUI  CENSENDO,  (rjnorlin  censum  referri  po- 
terant,  utpote  res  mancipi,  qu<e  venire  emique  poterant  jure 
eivHu)  Cic.  pro  Flacc.  32.  and  said  to  be  in  cor  pore  census^ 
i.  e.  to  constitute  part  of  that  estate,  according  to  the  valua- 
tion of  which  in  the  censor's  books  every  one  paid  taxes 
Juvenal,  xvi.  5Z.  Dio.  38. 1. 

PROVINCES. 

^I^HOSE  countries  were  called  Provi?2ces,  which  the  Ro 
-■-  man  people  having  conquered  by  arms,  or  reduced  any 
other  way  under  their  power,  subjected  to  Ije  governed  by 
magistrates  sent  from  Rome,  {quodeas  provicit,  i.  e.  ante  vi- 
cit,  Festus.)  The  Senate  having  received  letters  concerning 
the  reduction  of  any  country,  consulted  what  .laws  they 
thought  proper  should  be  prescribed  to  the  conquered,  and 
sent  commonly  ten  ambassadors,  with  whose  concurrence 
the  general,  Avho  had  gained  the  conquest,  might  settle 
every  thing,  Liv.  xlv.  17,  8c  18. 

These  laws  were  called  the  FORM  or  formula  of  the  pro- 
vince.  Whatever  the  general,  with  the  advice  of  the  ten 
ambassadors,  determined,  used  to  be  pronounced  publicly 
by  him  before  an  assembly,  after  silence  was  made  by  a  he- 
rald, Liv.  xlv.  29.  Cic.  in  Ferr.  ii.  13.  Hence,  Informulnm 
sociorum  referri ^  to  be  enrolled  among,  Liv.  xliv.  16.  Ur- 
6em  formula  sui  juris  facere,  to  hold  in  dependence  or  sub- 
jection, xxxviii.  9.  In  antiqui  for mulam  juris  restitui.,  to  be 
brought  into  their  former  state  of  dependence  on,  &c.  xxxii. 
33.     So  xxiv.  26. 

The  first  country  which  the  Romans  reduced  into  tlic 
form  of  a  province,  was  Sicily,  Cic.  Ferr.  ii.  1 . 

The  condition  of  all  the  provinces  was  not  the  same,  nor 
of  all  the  cities  in  the  same  province,  but  different  according 
to  their  merits  towards  the  Roman  people ;  as  they  had  ei- 
ther spontaneously  surrendered,  or  made  a  long  and  obsti.^ 
iiate  resistance.    Some  were  allowed  the  use  of  their  own 


/6  ROMAN  ANTIQUITIES, 

Jaws,  and  to  chuse  their  own  magistrates ;  others  were  not. 
Some  also  were  deprived  of  part  of  their  territory. 

Into  each  province  was  sent  a  Roman  governor,  (PRiE- 
SES,)  Ovid.  Font.  iv.  7.  3.  to  command  the  troops  in  it,  and 
to  administer  justice;  together  with  the  quEestor,to  take  care 
of  the  piibhc  money  and  taxes,  and  to  keep  an  acconntof  what 
"was  received  and  expended  in  the  province.  The  provinces 
were  grievously  oppressed  with  taxes.  The  Romans  impos- 
ed on  the  vanquished,  either  an  annual  tribute,  which  was 
called  CENSUS  CAPITIS,  or  deprived  them  of  part  of 
their  lands  ;  and  either  sent  planters  thither  from  the  city,  or 
restored  them  to  the  vanquished,  on  condition  that  they 
should  give  a  certain  part  of  the  produce  to  the  republic, 
which  was  called  CENSUS  SOLI,  Cic.  in  Verr.  iii.  6.  v,  5. 
The  former,  i.  e.  those  who  paid  their  taxes  in  money,  were 
called  STIPENDIARII,  or  Tributarily  as  Gallia  comata. 
Suet.  Jul.  15.  The  latter,  VECTIGALES ;  who  are 
thought  to  have  been  in  a  better  condition  than  the  former. 
But  these"  words  are  sometimes  confounded. 

The  sum  which  the  Romans  annually  received  from  the 
stipendiary  states  was  always  the  same ;  but  the  revenues  of 
the  vectigales  depended  on  the  uncertain  produce  of  the 
tithes,  of  the  taxes  on  the  public  pastures,  (scriptura,)  and  on 
goods  imported  and  exported,  {portorium.)  Sometimes,  in- 
stead of  the  tenth  part,  if  the  province  was  less  fertile,  the 
twentieth  only  was  exacted,  as  from  the  Spaniards,  Liv, 
xliii.  2.  Sometimes  in  casesof  necessity  an  additional  tenth 
part  was  exacted  above  what  was  due ;  but  then  money  was 
paid  for  jt  to  the  husbandmen,  Cic.  Verr,  iii.  31.  Whence 
jt  was  called  yrwm<?«^wOT  emptum,  also  decumanum^  or  im- 
peratum^  Liv.  xxxvi.  2.  xxxvii.  2,  &  50.  xlii.  31. 

Asconius  in  his  commentary  on  Cicero,  Verr.  ii.  2,  men- 
tions three  kinds  of  payment  made  by  the  provincials  ;  the 
regular  or  usual  tax,  a  voluntary  contribution  or  benevo- 
lence, and  an  extraordinary  exaction  or  demand  :  C  Omne 
genus  pensitationis  in  hoc  capitepositum  est,  c  a  n  o  n  i  s,  guod 
deheretur ;  oblationis  quod  opus  esset ;  et  indictig- 
^Nis,  quod  impei-aretur.)  In  which  sense  Indictio  is  used  by 
Pliny,  Paneg.  29. 

Under  the  emperors  a  rule  was  made  out,  called  Canom 
ifRUMENTARius,  in  which  was  comprised  what  corn  each 


MUNICIPIA,   CoLONIiE,   et  pR^FECTURiE.  77 

province  ought  yearly  to  fumish.  The  corn  thus  received 
was  laid  up  in  puiiHc  granaries,  botli  at  Rome,  and  in  the 
provinces,  whence  it  was  given  out,  by  those  who  had  the 
care  of  provisions,  to  the  people  and  soldiers. 

Under  the  emperors,  besides  a  certain  sum  paid  for  the 
public  pastures,  the  people  of  the  provinces  were  obliged  to 
furnish  a  certain  number  of  cattle  from  their  flock,  Vopisc- 
in  Prof).  15.  And  besides  the  tax  paid  at  the  port,  as  in  Si- 
cily, Cic,  Verr.  ii.  72.  in  Asia,  Cic.  Agrar.  ii.  29.  in  Britain, 
Tacit.  v?t.  Agric.  31.  they  also  paid  a  tax  for  journies,  Suet. 
VitelL  14.  especially  for  carrying  a  corpse,  which  could  not 
be  transported  from  one  place  to  another  without  the  per- 
mission of  the  high  priest  or  of  the  emperor.  But  this  tax 
was  abolished. 

There  was  also  a  tax  on  iron,  silver,  and  gold  mines,  as 
in  Spain,  Liv.  xxxiv.  21. ;  on  marble  in  Africa  ;  on  vari- 
ous mines  in  Macedonia,  Illyricum,  Thrace,  Britain,  and 
Sardinia ;  and  also  on  salt- pits,  as  in  Macedonia,  Liv.  xlv. 
29. 

MUNICIPIA,  COLONIiE,  et  PRiEFECTURiE. 

T^/l'UNICIPIA  were  foreign  towns  which  obtained  the 
"^'-■-  right  of  Roman  citizens.  Of  these  there  were  differ- 
ent kinds.  Some  possessed  all  the  rights  of  Roman  citi- 
zens, except  such  as  could  not  be  enjoyed  without  residing 
at  Rome.  Others  enjoyed  the  right  of  serving  in  the  Ro- 
man legion,  (MUNER  A  7?iz7i^arf<2CAPEREpoif<?ra;zO,  but 
had  not  the  right  of  voting  and  of  obtaining  civil  offices. 

The  Manicipia  used  their  own  laws  and  customs,  which  were 
called  LKGES  MUNICIPALES  ;  nor  were  they  obliged 
to  receive  the  Roman  laws  unless  they  chose  it :  {nisi  fun- 
di FIERI  velient).  And  some  chose  to  remain  as  confede- 
rate states,  {civitates  fcederatic) ^  rather  than  become  Roman 
citizens  ;  as  the  people  of  Heraclea  and  Naples,  Cic.  pro 
Balbo,  8. 

There  were  anciently  no  such  free  to\A'ns  except  in  Italy  : 
but  afterwards  we  find  them  also  in  the  provinces.  Thus 
Pliny  mentions  eight  in  Boetica^  and  thirteen  in  hither  Spain, 
Hist  Nat.  iii.  2. 

COi^ONIES  were  cities  or  lands  which  Roman  citizens 
were  sent  to  inhabit.  They  were  transplanted  commonly  by 


78  ROMAN  ANTIQUITIES. 

tliree  commissioners,  {per  triumviros  colonic  deducefid<t  «J 
groque  dividundo^  Liv.  viii.  16.)  sometimes  by  five,  ten,  or 
more.  Twenty  Avere  appointed  to  settle  the  colony  at  Ca- 
pua, by  the  Julian  law,  Dio.  xxxviii.  1.  The  people  deter- 
mined  in  what  manner  the  lands  were  to  be  divided,  and  to 
whom.  The  new  colony  marched  to  their  destined  place  in 
form  of  an  army,  with  colours  flying,  {sub  vexillo).  The 
lands  were  marked  round  \vith  a  plough,  and  his  own  por- 
tion assigned  to  every  one,  Fir^.  ^n.  v.  755.  All  which 
was  done  after  taking  the  auspices,  and  offering  sacrifices, 
Cic.  PhiL  ii.  40,  &  42. 

When  a  city  was  to  be  built,  the  founder,  dressed  in  a 
Gabinian  garb,  {Gahino  cinctu  ornatus,  v.  Gabino  cultu  in- 
cinctusy  Liv.  v.  46  i.  e.  with  his  toga  tucked  up,  and 
the  lappet  of  it  thrown  back  over  the  left  shoulderj  and 
brought  round  under  the  right  arm  to  the  breast ;  so  that  it 
girded  him,  and  made  the  toga  shorter  and  closer,)  yoking  a 
cow  and  bull  to  the  plough,  the  coulter  whereof  was  of 
brass,  marked  out  by  a  deep  furrow  the  whole  compass  of 
the  city  ;  and  these  two  animals,  with  other  victims,  were 
sacrificed  on  the  altars.  All  the  people  or  planters  followed, 
and  turned  inwards  the  clods  cut  by  the  plough. 

Where  they  wanted  a  gate  to  be,  they  took  up  the  plough 
and  left  a  space.  Hence  PORTA,  a  gate,  (a  portando  ara- 
truni).  And  towns  are  said  to  have  been  called  URBES 
from  being  surrounded  by  the  plough,  {ab  orbe,  vel  c6 
uRvo,  i.  e.  buri,  sive  aratri  curvatura,  Varrode  Lat.  Ling, 
iv.  2.  Festus).  The  form  of  founding  cities  among  the 
Greeks,  is  described  by  Pausanias,  v.  27.  who  says  that  the 
first  city  built  was  Lycosura  in  iVrcadia,  viii.  38. 

When  a  city  was  solemnly  destroyed,  the  plough  was  also 
drawn  along  {inducebatur)  where  the  walls  had  stood,  Horat. 
Od.  i.  16.  Hence,  Etseges  est,  ubi  Trojafuit,  Ovid.  Her.  i. 
1.  53.  We  read  in  the  sacred  writings,  of  salt  being  sown  on 
the  ground  where  cities  had  stood,  Judg.  ix.  45.  Mic.  iii.  12. 

The  walls  of  cities  were  looked  upon  by  the  ancients  as 
sacred,  but  not  the  gates,  Plut,  Quest.  26.  The  gates,  how- 
ever, were  reckoned  inviolable,  {sanct<^). 

A  space  of  ground  was  left  free  from  buildings  both  with- 
in and  without  the  walls,  which  was  called  POM/ERIUM, 


MuNICiriA,   CoLONI.t,  et  pRyEFECXURiE.         79 

<i.  e.  locus  circa  Diunan,  vd  post  mwum  intus  ct  extra,)  and 
was  likewise  held  sacred,  Iav.  i.  44  ;  sometimes  put  only 
for  the  open  space  without  the  ^valis,  Flor.  i.  9.  When  the 
city  was  enlarged,  the  f.'oni^rinm  also  was  extended ;  Uii 
consecrati  fines  proftrebantiir^  Liv.  ibid.) 

These  ceremonies,  used  in  byiiding  cities,  are  said  to  have 
been  borrowed  from  the  Hetrurians,  ibid. 

It  was  unlawful  to  plant  a  new  colony  where  one  had  been 
planted  before,  Cic.  Phil.  ii.  40.  but  supplies  might'be  sent. 

The  colonies  solemnly  kept  the  anniversary  of  their  first 
settlement,  {diem  natalem  colonic  religiose  colebaiit,)  Cic. 
ad  Attic,  iv.  1.  Sext.  63. 

Some  colonies  consisted  of  Roman  citizens  only,  some  of 
Latins,  and  others  of  Italians,  Z>iv.  xxxix.  55.  Hence  their 
rights  were  different.  Some  think  that  the  Roman  colonies 
enjoyed  all  the  rights  of  citizens,  as  they  are  often  called 
Roman  citizens,  and  were  once  enrolled  in  the  censor's  books 
at  Rome,  Id.  xxix.  37.  But  most  are  of  opinion,  that  the 
colonies  had  not  the  right  of  voting,  nor  of  bearing  offices 
at  Rome,  from  Dio.  xliii.  39.  &  50.  The  rights  of  Latin 
colonies  were  more  limited  ;  so  that  Roman  citizens  who 
gave  their  names  to  a  Latin  colony,  suft'ered  a  diminution  of 
rank,  Cic.  pro  Cacln.  33.  pro  Domo,  30.  The  Italian  colo- 
nies were  in  a  still  worse  condition.  The  diiference  consist- 
ed chiefly  in  their  different  immunity  from  taxes. 

Sylla,  to  reward  his  veterans,  first  introduced  the  custom 
of  settling  MILITARY  COLONIES,  which  was  imitated 
by  Julius  Ceesar,  Augustus,  and  others.  To  those  colonies 
whole  legions  were  sent  with  their  ofiicers,  their  tribunes,  and 
centurions;  but  this  custom  afterwards  fell  into  disuse, 
Tacit.  Annal.  xiv.  72.  For  the  sake  of  distinction  the  other 
colonies  were  called  CIVILES,  PLEBEIiE,  or  TOGA- 
TiE,  because  they  consisted  of  citizens,  or,  as  they  were  af- 
terwards named,  PAGANI  or  Privati,  who  were  opposed 
to  soldiers.  See  p.  7L 

The  colonies  differed  from  the  free  towns  in  this,  that  they 
used  the  laws  prescribed  them  by  the  Romans,  but  they  had 
almost  the  same  kind  of  magistrates.  Their  two  chief  magis- 
trates were  called  DUUMVIRI,  and  their  senators  DE- 
CURIONES  :  because,  as  some  say,  when  the  eolony  was 


30  ROMAN  ANTIQUITIES, 

first  planted,  every  tenth  man  was  made  a  senator.  The 
fortune  requisite  to  be  chosen  a  Decurio^  under  the  empe= 
rors,  was  a  hundred  thousand  sestertu,  Plin.  Ep.  i.  19. 

The  senate,  or  general  council  of  Grecian  cities,  under  the 
Roman  empire,  was  called  BULE,  (/Bovajj,  concilium,)  Plin, 
Ep.  X.  85.  its  members,  BULEUTiE,  ib.  115.  the  place 
where  it  met  at  Syracuse,  Buleuterium,  Cic.  Verr.  ii.  21. 
an  assembly  of  the  people,  ECCLESIA,  Plin.  Ep.  x.  3.  In 
some  cities,  those  who  were  chosen  into  the  Senate  by  their 
censors,  paid  a  certain  smn  for  their  admission,  {honorarium 
decurionatus),  ib.  114.  and  that  even  although  chosen  contra- 
ry to  their  own  inclinations,  ibid.  In  Bithynia,  they  were 
subjected  to  regulations  with  respect  to  the  choice  of  sena- 
tors, similar  to  those  at  Rome,  ib.  83.  115.  An  act  passed 
by  the  senate  or  people,  was  called  Psephisma,  Id.  x.  52, 
S3.  It  was  there  customary,  upon  a  person's  taking  the  man- 
ly robe,  solemnizing  his  marriage,  entering  upon  the  office  of 
a  magistrate,  or  dedicating  any  public  work,  to  invite  the 
whole  senate,  together  with  a  considerable  part  of  the  com- 
monalty, to  the  number  of  a  thousand  or  more,  and  to  dis- 
tribute to  each  of  the  company  a  dole  isportula)  of  one  or 
two  denarii.  This,  as  having  the  appearance  of  an  ambitious 
largess  idiamone)  was  disapproved  of  by  Trajan,  Plin.  Ep, 
X.  117,  118. 

Each  colony  had  commonly  a  patron,  who  took  care  of 
its  interests  at  Rome,  Dionys.  ii.  11. 

PRiEFECTURiE  were  towns  to  which  pr^efects  were 
annually  sent  from  Rometo  administer  justice  chosen  partly 
by  the  people,  and  partly  by  the  prietor,  Festus.  Towns 
were  reduced  to  tliis  form,  which  had  been  ungrateful  to  the 
Romans;  as  Calatia,  Liv.  i.  38.  Dionys.  iii.  50.  Capua,  Liv. 
xxvi.  16.  and  others.  They  neither  enjoyed  the  rights  of 
free  towns  nor  of  colonies,  and  differed  little  from  tlie  form 
of  provinces.  Their  private  right  depended  on  the  edicts  of 
their  prsefects,  and  their  pulilic  right  on  the  Roman  senate, 
who  imposed  on  them  taxes  and  service  in  war  at  pleasure. 
Some  Prcsfecturce  however  possessed  greater  privileges  thart 
others. 

Places  in  the  country  or  towns  where  markets  were  held, 
and  justice  administered,  were  called  FORA  ;  as  Forum 


FonElcKkRS.  81 

AuRKLiujf,  Cic.  Cat.  i.  9.   Forum  Appii.  Cic.Att,  ii.  10. 

Forum  Curneln,  Julii,  Lwii,  &:c. 
Places  where  asseml^lies  were  held,  and  justice  adminis- 

rercd,  were  called  CONCILIABULA,  Liv.  xl.  37. 
All  other  cities  which  were  neither  Municipia,  Coloni^^ 

nor  Prcefecturte,  were  called  Confederate  States^  (CIVL- 
TATES  FGiOKRAT/E).  These  were  quite  free,  unless 
that  they  owed  the  Romnns  certain  things  according  to  trea- 
ty. Such  was  Capua  before  it  revolted  to  Hannibal.  Such 
were  also  Tarentum,  Naples,  Tibur,  and  Praenestc. 

FOREIGNERS. 

4  LL  those  who  were  not  citizens,  were  called  by  the  an- 
■^-^  cient  Romans  foreigners,  (PEREGRINI,)  wherever 
they  lived,  whether  in  the  city  or  elsewhere.  But  after  Cara- 
calla  granted  the  freedom  of  the  city  to  all  freeborn  men  in 
the  Roman  world,  and  Justinian  some  time  after  granted  it 
also  to  freedmen,  the  name  of  foreigners  fell  into  disuse; 
and  the  inhabitants  of  the  v/hole  world  were  divided  into  Ro- 
mans and  Barbarians.  The  whole  Roman  Empire  itself 
was  called  ROMANIA,  xvhich  name  is  still  given  to 
Thrace,  as  being  the  last  province  which  was  retained  by 
the  Romans,  almost  until  the  taking  of  Constantinople  by 
the  Turks,  A.  D.  1453. 

While  Rome  was  Iree,  tlie  condition  of  foreigners  was 
very  disagreeable.  They  might  indeed  live  in  the  city,  but 
they  enjoyed  none  of  the  privileges  of  citizens.  They  were 
also  subject  to  a  particular  jurisdiction,  and  sometimes  were 
expelled  from  the  city  at  the  pleasure  of  the  magistrates. 
Thus  M.  Junius  Pennus,  A.  U.  627.  and  C.  Papius  Celsus, 
A.  U.  688,  both  tribunes  of  the  people,  passed  a  law  order- 
ing foreigners  to  leave  the  city,  Cic.  Off.  iii.  11.  JBrut.  8.  So 
Augustus,  Suet.  Aug.  42.  But  afterwards  an  immense  num- 
ber of  foreigners  flocked  to  Rome  from  all  parts,  Juv.  iii.  58, 
Seneca  ad  Helv.  c.  8.  So  that  the  greatest  part  of  the  com- 
mon people  consisted  of  them  ;  hence  Rome  is  said  to  be 
mundifcsce  repleta^  Lucan.  vii.  405. 

Foreigners  were  neither  permitted  to  use  the  Roman  dress. 
Suet.  Claud.  25.  nor  had  they  the  right  of  legal  property,  or 
oPmakin:?  a  will.     When  a  foreigntv  died,  his  goods  were 


m  ROMAN  ANTIQUITIES. 

cither  reduced  into  the  treasury,  as  having  no  heir,  (.quasi 
bona  V  A  c  N  A  T I A ,)  or  if  he  had  attached  himself  ise  appUcu- 
isset)  to  any  person,  as  a  patron,  that  person  succeeded  to  his 
effects,  JURE  AFPLICATIONIS,  as  it  was  called,  Cic, 
de  Or  at.  i.  39. 

But  in  process  of  time  these  inconveniences  were  remov- 
ed :  and  foreigners  were  not  only  advanced  to  the  highest 
honours  in  the  state,  but  some  of  them  even  made  emperors. 

THE  ASSEMBLIES  OF  THE  PEOPLE. 

A  N  assembly  of  the  whole  Roman  people  to  give  their 
-^^  vote  about  any  thing,  was  called  COMITI  A,  (a  coeitn- 
(^ovel  comeimdo).  When  apartofthepeopleonly  was  assemb- 
led it  was  called  CONCILIUM,  A,  GelL  xv.  27.  But  these 
"ivords  were  not  always  distinguished,  Liv.  vi.  20. 

In  the  Comitia,  every  thing  which  came  under  the  power 
of  the  people  was  transacted  ;  magistrates  were  elected,  and 
laws  passed,  particularly  concerning  the  declaration  of  war, 
and  the  makin^g  of  peace.  Persons  guilty  of  certain  crimes 
were  also  tried  in  the  Comitiuy  Polyb.  vi.  12. 

The  Comitia  were  always  summoned  by  some  magis^ 
trate,  who  presided  in  them,  and  directed  every  thing  which 
came  before  them  ;  and  he  was  then  said,  habere  comi- 
tia. When  he  laid  any  thing  before  the  people,  he  was 
said  AGERE  CUM  POPULO,  GelL  xiii.  14.  As  the  votes  of 
all  the  people  could  not  be  taken  together,  they  were  divid- 
ed into  parts. 

There  were  three  kinds  of  Comitia  ;  the  Ciiriata,  institut- 
ed by  Romulus  ;  the  Centuriata,  instituted  by  Servius  Tul- 
lius  the  sixth  king  of  Rome  ;  and  the  Tributa,  said  to  have 
been  first  introduced  by  the  tribunes  of  the  people  at  the 
^ial  of  Coriolanus,  A.  U.  263. 

The  Comitia  Curiata  and  Centuriata  could  not  be  held 
without  taking  the  auspices,  {nisi  auspicate^)  nor  without  the 
authority  of  the  senate  ;  but  the  Tributa  might,  Dionys.  ix. 
41.  &  49, 

The  days  on  which  the  Comitia  could  be  held,  were  call- 
ed DIES  COMITIALES,  (i.  e.  quibus  cum  populo  ager- 
iicebat),  Liy.  iii.  ii.  Cic.  Q.  Fr.  i.  2.  ^lacrob.  Sat.  i.  l&. 


The  CoMiTiA  Cur  I  AT  A.  83 

As  in  the  sen-jte,  so  in  the  Comitia,  nothing  coiiM  be 
done  h  "rore  the  rising  nor  after  the  setting  of  ^he  siin,  Dio, 
xxxix.  fin. 

The  Comitia  fir  creating  magistrates  were  usually  held  in 
the  CarJipwi  .Murtius  ;  but  for  making  laws,  and  iur  holding- 
trials,  sometimes  also  in  die  forum,  and  sometimes  in  the 
cupitol. 

The  COMITIA  CURIATA. 

TTN  the  Comitia  Curiata  the  people  gave  their  votes,  divided 
-■-  into  thirty  curia; ;  (ita  dictiC  quod  its  I'enim  puhlicarum 
cura  oommissa  sit^  Fest.  vel  potius  a  xty^<a  sc.  ix.KX>]<Ttu^  con- 
vent us  populi  apud  Gr^cos  ad  jubendum  velvetandum  quod 
e  republica  censeret  esse).  And  what  a  majority  of  them, 
namely  sixteen,  determined,  was  said  to  be  the  order  of  the 
people.  At  first  there  were  no  other  Comitia  but  the  Curia- 
ta :  md  therefore  every  thing  of  importance  was  deiermined 
in  them. 

Tlie  Comitia  Curiata  were  held^  first  by  the  kings,  and 
after  .vards  by  the  consuls  and  the  other  greater  magistrntes, 
that  is,  they  presided  at  them,  and  nothing  could  be  brought 
before  tlie  people  but  by  them.  They  met  in  a  part  of  rhc 
forum,  called  the  COMITIUM,  where  the  pulpit  or  tribu- 
nal {su7ge,stum)  stood,  wlience  the  orators  used  to  harangue 
the  people.  It  was  afterwards  called  ROS  TRA,  because  it 
was  adorned  with  the  beaks  of  the  ships  taken  from  the  An- 
tiates,  Liv.  viii.  14.  and  also  Templum,  because  consecra- 
ted by  the  augurs,  Ibid.  &  o5.  which  was  its  usual  name  be- 
fore the  Antiates  were  si^bdued,  Liv.  ii.  50.  The  Comitium 
was  first  covered  the  year  that  Hannibal  came  into  Italy, 
Liv.  xx\i\.  38.  Afterwards  it  was  adorned  w^ith  pillarsj 
statues,  and  paintings. 

Those  citizens  only  had  a  right  to  vote  at  the  Comitia  Cu- 
riata^ who  lived  in  the  city,  and  were  included  in  some  cu- 
ria^ or  parish.  Tii?  curia  which  voted  first,  was  called 
PRINCIPIUM,  Liv.  ix.  38. 

After  the  institution  of  the  Comitia  Centuriatcf^  and  Tribu- 

ia,  the  Comitia  Curiata  were  more  rarely  assembled,  and 

*  that  only  for  passing  certain  laws,  and  for  the  creation  of  the 

Curio  J\fajpimusy  Liv.  xxvii.  S.  and  of  the  Flamincs.   \i 


^4  ROMAN  ANTIQUrriES. 

Cell.  XV.  27.  Each  curiasteni.s  to  have  chosen  its  own  cu- 
rio ;  (-ailed  also  magister  curice.  Plant.  Aul.  ii.  2.  3. 

A  law  made  by  tlie  people  divided  into  curue  was  call- 
ed LEX  CURIATA.  Of  these,  the  chief  we  read  of, 
livere, 

1;  The  law  by  which  military  command  (imperium) 
was  conferred  on  magistrates,  Liv.  ix.  38.  Without  this 
they  were  not  allowed  to  meddle  with  military  affairs,  re?7i 
militarem  attingere,)  to  command  an  army,  or  carry  on 
war,  Cic.  Phil.  v.  16.  Ep.  Fam.  i.  9.  but  only  had  a  civil 
power,  (POTESTAS,)  or  the  right  of  administering  jus- 
tice. Hence  the  Comitia  Curiata  were  said  rem  militarem 
continere,  Liv.  v.  52.  and  the  people,  to  give  sentence  twice 
ibis  sent entiamf err e,  v.  binis  comitHs  jurlicare,)  concerning 
their  magistrates,  Cic.  de  legeAgr.  ii.  1 1.  But  in  after  times 
this  law  seems  to  have  been  passed  only  for  form's  sake,  by 
the  suffrage  of  the  thirty  lictors  or  serjtants  who  formerly 
used  to  summon  the  curiae,  and  attend  on  them  at  the  Co- 
mitia, Cic.  ibid.  (^Popidi suffragiis^  adspecie?n  atque  adusur- 
pationem  vetustatisy  per  triginta  lictores  auspiciorum  cau- 
sa adumbratis,  cap.  12.) 

2.  The  law  about  recalling  Caniillus  from  banishment, 
Liv.  v.  46. 

3.  That  form  of  adoption  called  adrogatio,  (see  p.  53.) 
was  made  at  the  Comitia  Curiata,  because  no  one  could 
change  his  state  or  sacra  without  the  order  of  the  people, 
Cic.  pro  Sext.  proDom.  15. 6cc.  Suet.  Aug.  €>5.  Dio.  xxxvii* 
51. 

4.  Testaments  were  anciendy  made  at  these  Comitia. 
And  because  in  time  of  peace  they  were  summoned,  {cala- 
ta,  I.  e.  convocata),  by  a  lictor  twice  a-year  for  this  purpose  ; 
hence  they  were  also  called  COMITIA  CALATA,  which 
name  is  likev/ise  sometimes  applied  to  the  Comitia  Ceuturi- 
ata,  because  they  were  assembled  by  a  Cornicen,  who  also 
was  called  Classicus,  (quod  classes  comitiis  ad  camitatum 
vocabat),  A.  Gell.  xv.  27.  Varro  de  Lat.  Ling.  iv.  16. 

5.  What  was  called  DETEST ATIO  SACRORUM, 
was  also  made  here  ;  as  when  it  was  denounced  to  an  heir 
0r  legatee  that  he  must  adopt  the  sacred  rit.s  which  follow- 
^d  the  inheritance,  Cw  de  Legg,  ii,  9.    Whence  an  inhere 


Tlie  CoMiTiA  Centuriata,  &c.  85 

tance  without  this  requisite  is  called  loy  Plautus  hccreihtas 
sine  sacris,  Captiv.  iv.  1.  {cum  aliqindobvenerit  sine  aliqua 
incommoda  appendice,  Festus). 

The  COMITIA  CENTURIATA  andthe  CENSUS. 

THE  principal  Comitia  were  the  Centuriata,  called  also 
viajora^  Cic.  post  red.  in  Senat.  2.  in  which  the  people, 
divided  into  tlie  centuries  of  their  classes,  gave  their  votes  ; 
and  what  a  majority  of  centuries  decreed,  {quod p lures  centu- 
ri(e  jussissent)^  was  considered  as  finally  determined,  {pro 
rato  hahebatur').  These  Comitia  were  held  according  to  the 
Census  instituted  by  Servius  Tullius. 

The  CENSUS  was  a  numbering  of  the  people  with  a 
valuation  of  their  fortunes,  i^stimatio,  u7riTtft>i<rt() 

To  ascertain  the  number  of  the  people,  and  the  fortunes  of 
each  individual,  Servius  ordained  that  all  the  Roman  citi- 
zens, both  in  town  and  country,  should  upon  oath  take  an 
estimate  of  their  fortunes,  {bc72a  sua  jurati  censerent,  i.  e. 
iestimarent),  and  publicly  declare  tliat  estimate  to  him,  {apud 
se  projiterentur);  that  they  should  also  tell  the  place  of  their 
abode,  the  names  of  their  wives  and  children,  their  own  age 
and  that  of  their  children,  and  the  number  of  their  slaves 
and  freedmen  ;  that  if  any  did  otherwise,  their  goods  should 
be  confiscated,  and  themselves  scourged  and  sold  for  slaves, 
as  persons  who  had  deemed  themselves  unn'orthy  of  liberty, 
{qui  sibi  libertatem  abjiidicassent,  Cic.  pro  Csecin.  34.)  He 
likewise  appointed  a  festival,  called  PAGAN  ALIA,  to  be 
held  every  year  in  each  pagus,  or  village,  to  their  tutelary- 
gods,  at  which  time  the  peasants  should  every  one  pay  into 
the  hands  of  him  who  presided  at  the  sacrifices,  a  piece  of 
money  ;  the  men  a  piece  of  one  kind,  the  women  of  another^ 
and  the  children  of  a  third  sort,  Dionys.  iv.  15, 

Then  according  to  the  valuation  of  their  estates,  he  divi- 
ded all  the  citizens  into  six  CLASSES,  and  each  class  into 
a  certain  number  of  CENTURIES. 

The  division  by  centuries,  or  hundreds,  prevailed  ever^" 
wheie  at  Rome  ;  or  rather  by  tens,  from  the  number  of  fin- 
gers on  both  hands,  Ovid.  Fast.  iii.  123,  ^c.  The  infantry 
and  cavalry,  the  curiae  and  tribes,  were  divided  in  this  man- 
ner ;  and  so  9yen  the  land  ;  hence  ce-\tenaiiius  ager. 


86  ROMAN  antiquities: 

Ovid.  ibid.  &  Festus.  At  first  a  century  contained  a  hun- 
dred ;  but  not  so  afterwards.  Thus  the  number  of  men  in 
the  centuries  of  the  different  classes  was  without  doubt  very 
different. 

The  first  class  consisted  of  those  whose  estates  in  lands 
and  effects  were  worth  at  least  100,000  as:ies^  or  pounds  of 
brass  ;  or  10,000  drachma  according  to.thc  Greek  way  of 
computing ;  which  sum  is  commonly  reckoned  equal  to 
3221.  18s.  4d.  sterling ;  but  if  we  suppose  each  pound  of 
brass  to  contain  24  asses^  as  was  the  case  afterwards,  it  will 
amount  to  77501. 

This  first  class  was  subdivided  into  eighty  centuries  or 
companies  of  foot,  forty  of  young  men,  {jiiniorum,)  that  is, 
from  seventeen  to  forty-six  years  of  age,  Cic.  ae  Sen.  17.  A, 
Gell.  X.  28.  who  were  obliged  to  take  the  field,  {.utforis  bella 
gererent),  and  forty  of  old  men,  (.seniorum,)  who  shoiild 
guard  the  city,  {ad  urbis  ctistodiam  ut  prccsto  essent.)  To 
these  were  added  eighteen  c^ninuQ^oi  Equites,  who  fought 
on  horseback  ;  in  all  ninety-eight  centuries. 

The  second  class  consisted  of  .twenty  centuries^  ten  of 
5^oung  men,  and  ten  of  old,  whose  estates  were  worth  at  least 
75,000  asses.  To  these  were  added  two  centuries  of  artifi- 
cers, ya^rwwO,  carpenters,  smiths,  &c.  to  manage  the  en- 
gines of  war.   These  Livy  joins  to  the  first  class. 

It  is  hardly  to  be  imagined  that  those  artificers  were  com- 
posed of  the  members  of  either  the  first  or  the  second  class, 
but  of  their  servants  or  dependents  ;  for  not  only  the  me- 
chanic arts,  but  likewise  every  kind  of  trade,  was  esteemed 
dishonourable  among  the  ancient  Romans. 

The  third  class  was  also  divided  into  twenty  centuries  ; 
their  estate  was  50,000  asses. 

The  fourth  class  likewise  contained  twenty  centuries ; 
their  estate  was  25,000  asses.  To  these  Dionysius  adds 
two  centuries  of  trumpeters,  vii.  59. 

The  fifth  class  was  divided  into  thirty  centuries  ;  their 
estate  was  1 1,000  a^^fj-,  but  according  to  Dionysius,  12,500. 
Among  these,  according  to  Livy,  were  included  the  trump- 
eters and  cornetters,  or  blowers  of  the  horn,  distributed  into 
tliree  centuries,  whom  Dionysius  joins  as  two  distinct  ceii- 
t'lrics  to  the  fourth  class. 


The  CoMiTiA  Centuriata,  8cc.  87 

The  sixth  class  comprehended  all  those  who  cither  had 
no  estates,  or  were  not  worth  so  much  as  those  of  the  fiith 
class.  The  number  of  them  was  so  great  as  to  exceed  that 
of  any  of  the  otlier  classes  ;  yet  they  were  reckoned  but  as 
one  century. 

Thus  the  number  o^ centuries  in  all  the  c/awe^  was,  accord- 
ing to  Livy.  191 ;  and  according  to  Dionysius,  193. 

Some  make  the  i .umber  of  Livy  to  amount  to  194,  by 
supposing  that  the  trumpeters,  &c.  were  not  included  in  the 
thirty  centuries  of  the  fifth  class,  but  formed  tliree  distinct 
centuries  by  themselves. 

Each  class  had  arms  peculiar  to  itself,  and  a  certain  place 
in  the  army  according  to  the  valuation  of  their  fortunes. 

By  this  arrangement  the  chief  power  was  vested  in  the 
richest  citizens  who  composed  the  first  class,  which,  al- 
thoi'gh  least  in  number,  consisted  of  more  centuries  than  ali 
the  rest  put  together  ;  but  they  likewise  bore  the  charges  of 
peace  and  war  (munia  pads  et  belli)  in  proportion,  L,iv.  i. 
43.  For  as  the  votes  at  the  Comitia,  so  likewise  the  quota 
of  soldiers  and  taxes,  depended  on  the  number  of  centuries. 
Accordingly,  the  first  class,  which  consisted  of  ninety-eight, 
or,  according  to  Livy,  of  one  hundred  centuries,  furnished 
more  men  and  money  to  the  public  service  than  all  the  rest 
of  the  state  besides.  But  they  had  likewise  the  chief  influ- 
ence in  the  assemblies  of  the  people  by  centuries.  For  the 
Equites  and  the  centuries  of  this  class  were  called  first  to 
give  their  votes,  and  if  they  were  unanimous,  the  matter 
•was  determined  ;  but  if  not,  then  the  centuries  of  the  next 
class  were  called,  and  so  on,  till  a  majority  of  centuries  had 
voted  the  same  thing.  And  it  hardly  ever  happened  that 
tliey  came  to  the  lowest,  Liv.  i.  43.  Dionys.  vii.  59. 

Li  after  times  some  alteration  was  made,  as  is  commonly 
supposed,  in  favour  of  the  Plebeians  by  including  the  centu- 
ries in  the  tribes ;  whence  mention  is  often  made  of  tribes 
in  the  Comitia  Centuriata,  Liv.  v.  18.  Cic.  in  Rull.  ii.  2, 
pro  Plane.  20.  In  consequence  of  which  it  is  probable,  that 
the  number  of  centuries  as  well  as  of  tribes  ^vas  increased, 
Cic.  FhiL  ii.  82.  But  when  or  how  this  was  done  is  not  suf-- 
ficiently  ascertained,  only  it  appears  to  have  taken  place  be- 
fore  the  year  of  the  city  358,  Liv.  y.  18. 


S8  ROMAN  ANTIQUITI]£^. 

Those  of  the  first  class  were  called  CLASSICI :  all  the 
rest  were  said  to  be  INFRA  CLASSEM,  A.  Gell.  vii.  13. 
Hence  classici  auctoresy  for  the  most  approved  authors,  Id. 
XIX.  8. 

Those  of  the  lowest  class,  who  had  no  fortune  at  all,  were 
called  CAPiTE  CENSI,  rated  by  the  head  ;  and  those 
who  had  below  a  certain  valuation,  PROLETARII,  GelL 
xvi.  10.  whence  sermo  proletarius  for  vilis^  low,  Plant. 
Milit.  Glor.  iii.  1.  157.  This  properly  was  not  reckoned  a 
class  ;  whence  sometimes  only  five  classes  are  mentioned, 
IjW.  iii.  30.  So  Q^uintce  classis  videntur,  of  the  lowest,  Cic. 
Acad.  iv.  23. 

This  review  of  the  people  was  made  (census  habitus^  v- 
actus  est)  at  the  end  of  every  five  years,  first  by  the  kings, 
then  by  the  consuls  ;  but  after  the  year  310  by  the  censors, 
who  were  magistrates  created  for  that  very  purpose.  We 
do  not  find,  however,  that  the  ce?isiis  was  always  held  at  cer- 
tain intervals  of  time.  Sometimes  it  was  omitted  altogether, 
C7c.  pro  Arch.  5. 

After  the  census  was  finished,  an  expiatory  or  purifying 
sacrifice  {sacrificinm  lustrale)w?is  made,  consisting  of  a  sow, 
a  sheep,  and  a  bull,  which  were  carried  round  the  whole  as- 
sembly, and  then  slain  ;  and  thus  the  people  were  said  to  be 
purified,  (lustra?'?. J.  Hence  also  lustrare  signifies  to  go 
round  to  survey ^  Vlrg.  Eccl.  x.  55.  iEn.  viii.  231.  x.  224. 
and  circumferre^  to  pwr?/y,» Plant.  Amph.  ii.  2.  144.  Virg. 
iEn.  vi.  229.  This  sacrifice  was  called  SUOVETAU-^ 
RILIAor  SOLITAURILIA:  and  he  who  performed  it  was 
saidCONDERE  LUSTRUM.  It  was  called  /«*?rw;«,  a/w-^ 
endo^  i.  c.  solvcndo,  because  at  that  time  all  the  taxes  were 
paid  by  the  farmers- general  to  the  censors,  Farr.  L.  L.  v, 
2.  And  because  this  was  done  at  the  end  of  every  fifth  year, 
hence  LUSTRUM  is  often  put  for  the  space  of  five  years ; 
especially  by  the  poets,  Horat.  Or/,  ii.  4.  24.  iv.  1.  6.  by 
whom  it  is  sometimes  confounded  with  the  Greek  Olym- 
piad, which  was  only  four  years,  Ovid.  Pont.  iv.  6.  5.  Mar- 
tial, iv.  45.  It  is  also  used  for  any  period  of  time,  Plin,  ii. 
48. 

The  census  anciently  was  held  in  Xhcforum^  but  after  the 
year  of  the  city  320,  in  the  villa  publica,  which  was  a  place 


The  CoMiTiA  Centuriata/8cjC.  89 

in  the  Campus  Martins,  Liv.  iv.  22.  fitted  ui)  for  public 
uses  ;  for  the  r.^ception  of  foreign  ambassadors,  &c.  iJvo 
xxxiii.  9.  Farro  de  Re  Riistica,  iii.  2.  Lucan.  ii.  196.  The 
purifyii'g  sacrificr  was  ah^'ays  made  {lustrum  co?i(lit7zm  esf) 
in  the  Campus  Martius,  Liv.  i.  44.  Dionys.  iv.  22.  The 
census  was  sometimes  held  without  the  lustrum  being  per  • 
formed,  Liv.  iii.  22. 
1.  The  Causes  of  assembling  the  Comitia  Centuriata, 

The  comitia  CENTURIATA  were  held  for  cre- 
ating magistrates,  for  passing  laws,  and  for  trials. 

In  these  comitia  \vere  created  the  consuls,  praetors,  cen- 
sors, and  sometimes  a  proconsul,  Liv.  xxvi.  18.  also  the  de^ 
ce?nv2riy  military  tribunes,  and  one  priest,  namely,  the  rex  sa- 
crorum.  Almostall  laws  were  passed  in  them  which  were  pro- 
posed by  the  greater  magistrates,  and  one  kind  of  trial  was 
held  there,  namely  for  high  treason,  or  any  crime  against  the 
stat<^  \\hich  was  called  JUDICIUM  PERDUELLIO- 
NIS  ;  as  when  any  one  aimed  at  sovereignty,  which  was 
called  crimen  regni,  Liv.  vi.  20.  or  had  treated  a  citizen  as 
an    uemy,  Cic.  in  Ferr.  i.  5. 

War  was  also  declared  at  these  comitia^  Liv.  xxxi.  6,  and 
i.  xlii.  30. 

2.  The  Magistrates  who  presided  at  the  Q  OMIT  I A  Centu- 
RiATA,  th(^  Place  where  they  were  held ;  the  Manner  of 
summoning  them^  and  ihe  Persons  who  had  a  right  to  vote 
at  them. 

The  Comitia  Centuriata  could  be  held  only  by  the  supe- 
rior magistrates,  i.  e.  the  consuls,  thepra£tor,the  dictator,  and 
jnterrex  :  But  the  last  could  only  hold  the  comitia  for  crea- 
ting .nagistrates,  and  not  for  passing  laws. 

The  censors  assembled  tlie  people  by  centuries  :  but  this 
assembly  was  not  properly  called  comitia,  as  it  was  not  to 
vote  aboMt  any  thing.  The  prjetors  could  not  hold^jhe  comitia, 
if  th^  consuls  were  present,  without  their  permission,  LiVo 
xxv'ii.  5,  but  they  might  in  their  absence,  Id.  xliii.  16.  xlv. 
21  especially  the  prator  urhanus  ;  and,  as  in  the  instance 
last  quoted,  without  the  authority  of  the  Senate. 

The  consuls  held  the  comitia  for  creating  the  consuls,  anfif 

O 


^0  ROMAN  ANTIQUITIES. 

also  for  creating  the  praetors;  (for the prjetors  could  noi 
hold  the  comitia  for  creating  their  successors,  Cic.  adAtt.  ix. 
9.)  and  for  creating  the  censors,  Liv.  vii.  22.  Cic.  Att.  iv.  2, 

The  consuls  determined  which  of  them  should  hold  these 
comitia^  either  by  lot  or  by  agreement  {sorte  vel  consensu  ; 
sortiebantur  vel  comparabant,)  Liv.  passim. 

The  comitia  for  creating  the  first  consuls  were  held  by  the 
prefect  of  the  city,  Spurius  Lucretius,  Liv.  i.  60.  who  was 
also  interrex^  Dionys.  iv.  84. 

When  a  rex  sacrorum  was  to  be  created,  the  comitia  are, 
thought  to  have  been  held  by  ihQ^  ponti/ex  maximus.  But 
this  is  not  quite  certain. 

The  person  presiding  in  the  comitia  had  so  great  influence, 
that  he  is  sometimes  said  to  have  himself  created  the  magis- 
trates who  were  elected,  Liv.  i.  60.  ii.  2.  iii.  54.  ix.  7. 

When,  from  contention  betwixt  the  Patricians  and  Ple- 
beians, or  betwixt  the  magistrates,  or  from  any  other  cause, 
the  comitia  for  electing  magistrates  could  not  be  held  in  due 
time,  and  not  before  the  end  of  the  year,  the  patricians  met  and 
named  (sine  suffragio  popidi  auspicat  prodebant)  an  interrex 
out  of  their  own  number,  Cic.  pro  Domo^  14.  &  Ascon.  in  Cic. 
who  commanded  only  for  five  days ;  Liv.  ix.  34.  and  in  the 
same  manner  different  persons  were  always  created  every  five 
days,  till  consuls  were  elected,  who  entered  immediately  on 
their  office.  The  comitia  were  hardly  ever  held  by  the  first 
interrex  :  Sometimes  by  the  second,  Liv.ix.  7.  x.  11.  some- 
times by  the  third,  Id.  v.  31.  and  sometimes  not  till  the  ele- 
venth, Id.  vii.  21.  In  the  absence  of  the  consuls,  a  dictator 
was  sometimes  created  to  hold  the  cotnitia,  Id.  vii.  22.  viii. 
23.  ix.  7.  XXV.  2. 

The  Comitia  Centuriata  were  always  held  without  the  city-j 
usually  in  the  Campus  Martins  ;  because  anciently  the  peo- 
ple went  armed  in  martial  order  {sub  signis)  to  hold  these  as- 
semblies J  and  it  was  unlawful  for  an  army  to  be  marshalled 
in  the  citf ,  Liv.  xxxix.  15.  Gell.  xv.  27.  But  in  later 
times  a  body  of  soldiers  only  kept  guard  on  the  Janiculura, 
where  an  imperial  standard  was  erected,  {vexUlum  positum 
erat,)  the  taking  down  of  which  denoted  the  conclusion  of 
the  comitia,  Dio.  xxxvii.  27.  &  28. 

The  Comitia  Centuriata  were  usually  assembled  by  an 


77i^CoMiTiA  Centuriata,  &c.  91 

edict.  It  behoved  them  to  be  summoned  (edici  v.  imlici)  ?it 
least  seventeen  days  before  they  were  held,  that  the  people 
mifjht  have  time  to  weigh  with  themselves  what  they  should 
determine  at  the  comitia.  Tlus  space  of  time  wascallcdTRI- 
NUNDINUM,  or  TRINUM  NUNDINUM,  i.  e.  tres 
nundince,  three  market  days,  because  the  people  from  the 
country  came  to  Rome  every  ninth  day  to  buy  and  sell  their 
commodities,  Liv.  iii.  35.  {N'lPidince  a  Romanis  nono  quoque 
die  celebrate  ;  intermediis  septem  diebiis  occupabantiir  ruri^ 
Dionys.  ii.  28.  vii.  58.  reliquis  septem  rura  colebaiit^  Varro 
de  Re  Rust,  prasf.  11.)  But  the  comitia  were  not  held  on  the 
market-days,  («Mn(/z>«>,)  because  they  were  ranked  among  the 
fericc  or  holy  days  on  which  no  business  could  be  done  with 
the  people,  Macrob.  i.  16.  (ne  plebs  rustica  avocaretur,  lest 
they  should  be  called  off  from  their  ordinary  business  of 
buying  and  selling,)  Plin.  xviii.  3.  This  however  was  not 
always  observed,  Cic.  Att.  i.  14. 

But  the  comitia  for  creating  magistrates  were  sometimes 
summoned  against  the  first  lawful  day,  {in  primum  comitia^ 
km  diem,)  Liv.  xxiv.  7. 

All  those  might  be  present  at  the  Comitia  Centuriata  who 
had  the  full  right  of  Roman  citizens,  whether  tliey  lived  at 
Rome  or  in  the  country. 

3.  Candidates. 

Those  who  sought  preferments  were  called  CANDIDA- 
TI,  from  a  white  robe  {a  toga  Candida)  worn  by  them, 
^vhich  was  rendered  shining  {candens  vel  Candida)  by  the 
art  of  the  fuller  ;  for  all  the  wealthy  Romans  wore  a  gown 
naturally  white,  {toga  alba).  This,  hovv^ever,  was  anciently 
forbidden  by  law,  {ne  cui  album.,  i.  e.  cretani,  in  vcstimen- 
Him  addere,  petitionis  causa  liceret),  Liv.  iv.  25. 

The  candidates  did  net  wear  tunics  or  waistcoats,  either 
that  they  might  appear  more  humble,  or  might  more  easily 
shew  the  scars  they  had  received  on  the  fore  part  of  their  bo- 
dy, (adverso  corpore,)  Plutarch,  in  Coriolano. 

In  the  latter  ages  of  the  republic,  no  one  could  stand  can- 
didate who  was  not  present,  and  didnotdeclare  himself  with- 
in die  legal  days,  that  is,  before  the  comitia  were  summon, 
ed,  Saif.  Cat.  18.  Cic.  Fam.  xvi.  12.  and  whose  name  was 
not  received  by  the  magistrates ;  for  they  might  refuse  to  ad- 


n  ROMAN  ANTIQUITIES= 

mit  any  one  they  pleased,  Owmen  accipere,  vel  rationem  e 
jus  habere)  but  not  without  assigning  a  just  cause,  Z-iv.  viii, 
15.  xxiv.  7.  &  8.  Fal.  Max  iii.  8.  3.  Fell.  u.  92.  The  op- 
position of  the  consuls,  however,  might  be  over-ruled  by 
the  Senate,  Liv.  iii.  21. 

For  a  long  time  before  the  time  of  election,  the  candidates 
endeavoured  to  gain  the  favour  of  the  people  by  every  popu- 
lar art,  Cic.  Attic,  i.  1.  by  going  round  their  houses,  (ambien. 
do}  by  shaking  hands  with  those  they  met,  (prensando^  by 
addressing  them  in  a  kindly  manner,  and  naming  them,  Sec, 
on  which  account  they  commonly  had  along  with  them  a 
monitor,  or  NQMENCLATOR,  who  whispered  in  their 
ears  every  body's  name,  Horat.  Ep.  i.  6.  50,  &c.  Hence 
Cicero  calls  candidates  natio  offlciosissima^  in  Pis,  23.  On 
the  market-days  they  used  anciently  to  come  into  the  as- 
sembly of  the  people,  and  take  their  station  on  a  rising 
ground,  {in  colle  consistere^)  whence  they  might  be  seen  by 
all,  Macrob.  Sat.  i.  16.  When  they  went  down  to  the  Cam- 
pui-  Martins  at  certain  times,  they  v/ere  attended  by  their 
friends  and  dependents,  who  were  called  DEDUCTORES, 
Cic.  de  pet.  cons.  9.  They  had  likewise  persons  to  divide 
money  among  the  people,  (DIVISORES,  Cic.  Att.  i.  17. 
Suet.  Aug.  3.)  For  this,  although  forbidden  by  law,  was  of- 
ten  done  openly,  and  once  against  Caesar,  even  with  the  ap- 
probation of  Cato,  Suet.  Jul.  19.  There  were  also  persons  to 
bargain  with  the  people  for  their  votes,  called  INTERPRE- 
TES,  and  others  in  whose  hands  the  money  promised  was 
deposited,  called  SEQUESTRES,  Cic.  Att.  m  Verr.  i.  8. 
&  12.  Sometimes  the  candidates  formed  combinations 
Uoitiones)  to  disappoint  {ut  dejicerent)  the  other  compcti= 
tors,  Cic.  Att.  ii.  18.  Liv.  iii.  35. 

Those  who  opposed  any  candidate,  were  said  ei  refragari, 
and  those  who  favoured  him,  suffragarivtl  suffragatores 
(?we  .*  hence  5?^a^aifzo,  their  interest,  Liv.  x.  13.  Those 
who  got  one  to  be  elected,  were  said,  ei  prcvturam  gratia  cam- 
pestri  capere,  Liv.  vii.  1.  or  eum  tra/iere  ;  thus,  Pervicit 
AppiuSy  ut  dejecto  Fabio.fratrem  traheret^  Liv.  xxxix.  32. 
Those  who  hindered  one  from  being  elected,  were  said,  a 
consulatu  repeliere,  Cic.  in  Cat.  i.  10. 


The  CoMiTiA  Centuriata,  &c.  93 

4.  The  Manner  of  proposing  a  Law^  and  of  naming  a  day  for 
one^s  J  rial. 

When  a  law  was  to  be  passed  at  the  Comitia  Centuriata^ 
the  magistrate  wlio  \\'as  to  propose  it,  {latunis  v.  rogatu. 
rus,)  having  consulted  with  his  friends  and  other  prudent 
men,  "/hetlur  it  was  for  the  advantage  of  the  republic,  and 
agreeable  to  the  customs  of  their  ancestors,  wrote  it  over  at 
home  ;  and  then  having  communicated  it  to  the  senate,  by 
their  authority,  (ex  SCTO,)  he  promulgated  it,  that  is,  he 
pasted  it  up  in  public  {.tmblice  v.  in  publico  proponebat  ; 
promulgabat^  quasi,  provulgabat^  Festus,)  for  three  market- 
days,  that  so  the  people  might  have  an  opportunity  of  read- 
ing and  considering  it.  In  the  mean  time  he  himself,  {legis- 
lator vcl  inventor  legis,  Li  v.  ii.  56.)  and  some  eloquent 
friend,  who  was  called  AUCTOR  legis,  or  SUASOR, 
every  fnarket-d;\y,  read  it  over,  {recitabat^)  and  recommend- 
ed it  to  the  people  isuodebnt),  while  others  who  disapproved 
it,  spoke  against  it  {dissuadehant).  But  in  ancient  times  all 
these  formjilities  were  not  observed ;  thus  we  find  a  law  pass- 
ed the  day  after  it  was  proposed,  Liv.  iv.  24. 

Sometimes  the  person  who  proposed  the  law,  if  he  did  it 
by  the  authority  of  tlie  senate,  and  not  according  to  his  own 
opinion,  spoke  against  it,  Cic.  Att.  i.  14. 

In  the  same  manner,  when  one  was  to  be  tried  for  treason, 
icum  dies  perduellionis  dicta  est,  cum  actio  perduellionis  in- 
tendebatur,  Cic.  vel  cum.  aliquis  capitis  v.  -te  anquireretM\ 
Liv.)  it  behoved  the  accusation  to  be  published  for  the  same 
space  of  XimQ,  (promulgatur  rogatio  de  meapernicie,  Cic.  pro 
Sext.  20.)  and  the  day  fixed  when  the  trial  was  to  be,  {pro^ 
dita  die,  qua  judicium  futurum  sit,  Cic.)  In  the  mean  time 
the  person  accused  (REUS),  changed  his  dress  ;  laid  aside 
every  kind  of  ornament ;  let  his  hair  and  beard  grow,  C/>ro- 
mittebat) ;  and  in  this  mean  garb  (sordidatus),  went  round, 
and  solicited  the  favour  of  the  people,  {homines  prensabat). 
His  nearest  relations  and  friends  also  did  the  same,  Liv.  pas- 
sim. This  kind  of  trial  was  generally  capital,  Liv.  vi.  20. 
but  not  always  so, /(/.  xliii.  16.  Cic.  pro  Dom,  32.  See 
Jj€X  Porcia, 


94  ROMAN  ANTIQUITIES. 

5.  The  Manner  of  taking  the  Auspices, 

On  the  d?iy  of  the  comitia,  he  who  was  to  preside  at  them, 
(qui  lis  prafuturus  erat^  attended  by  one  of  the  a\igurs,  {au- 
gure  adhibito),  pitched  a  tent  {tabernacuhim  cepit),  without 
the  city  to  observe  the  omens,  {ad  auspicia  captanda,  vel  ad 
ausnicandum).  These  Cicero  calls  AUGUSTA  CENTU- 
RIARUM  AUSPICIA,  pm  Mil.  16.  Hence  the  Campus 
Martius  is  said  to  be  consularibus  uuspiciis  consecratus^  Cic. 
in  Cat.  iv.  1.  and  the  comitia  themselves  were  called,  AUS- 
PICATA,  Lw.  xxvi.  2. 

If  the  TABERNACULUM,  which  perhaps  was  the 
same  with  templum  or  crx,  the  place  which  they  chose  to 
make  their  observations,  {ad  inaiigtirandwn,  Liv.  i.  6,  s.  7. 
&  18.)  had  not  been  taken  in  due  form,  {parian  recte  captum 
esset),  whatever  was  done  at  the  comitia  was  reckoned  of  no 
effect,  (pro  irnto  habebatur)^  Liv.  iv.  7.  Hence  the  usual  de- 
claration of  the  augurs,  {augurum  solennis  pronunciatio)  ; 

VlTIO  TABERNACULUM  CAPTUM;  VITIO  MAGISTRA- 
TUS  CREATOS    VEL    VITIOSOS  ;    VITIO  LEGEM;   LATAM  ; 

VITIO  DIEM  DicTAM,  Cic.i^ Liv.passim.  And  so  scrupu- 
lous were  the  ancient  Romans  about  this  matter,  that  if  the 
augurs  at  any  time  afterwards,  upon  recollection,  declared 
that  there  had  been  any  informality  in  taking  the  auspices, 
ivitium  obvenisse,  Cic.  in  auspicio  vitium  fuisse ^  Liv.)  the 
magistrates  were  obliged  to  resign  their  office,  {utpote  vitiosi 
V.  vitio  creati,  as  having  been  irregularly  chosen,)  even  seve- 
ral months  after  they  had  entered  upon  it,  Liv.  ibid.  Cic.  de 
JVat.  Dear.  ii.  4. 

When  there  was  nothing  wrong  in  the  auspices,  the  magis- 
trates were  said  to  be  sal  vis  auspiciis  crcati,  Cic.  Phil. 
il.  aj. 

When  the  consul  asked  the  augur  to  attend  him,  (in  aus- 
picium  adh?bebat),  he  said,  Q.  Fabi,  te  miki  in  auspi- 
cio ESSE  voLo.  The  augur  replied,  Audivi,  Cie»  de 
Divin.  ii.  34. 

There  were  two  kinds  of  auspices  which  pertained  to  the 
Comitia  Centunata.  The  one  was,  observing  the  appear- 
ances of  the  heavens,  iservare  de  coelo  vel  cGelum')^  as,  light- 
ning, thunder,  &c.  which  was  chiefly  attended  to.  The  other 


7%^  CoMiTiA  Centuriata,  &c.  95 

was  the  inspection  of  birds.  Those  bircfs  which  j;ave  omens 
by  flight,  were  called  PR.i::PETES  :  by  sieging,  OSCI- 
NhS  :  hence  the  phrase,  si  avis  occinuent,  Liv.  vi.  41.  x. 
40.  When  the  omens  were  favourable,  the  birJs  were  s;.;id, 
ADDicERE  vel  APMiTTERE  ;  whcn  Unfavourable,  A B Di- 

CEUE,   XON    ADDICERE,  VCl  REFRAGARI. 

Oniens  were  also  taken  from  the  feedi'^g  of  chickens.  The 
person  who  kept  them  was  called  PULLARiUS.  If  they 
c^me  too  slowly  out  of  the  cage,  (ex  cavea),  or  would  not 
fe^d,  it  was  a  bad  omen,  Liv.  vi.  41.  but  if  they  fed  greedily 
so  that  something  fell  from  their  mouth  and  struck  the 
ground,  (terrain  paviret,  i.  e.Jerij'et),  it  was  hence  called 
TRIPUDIUM  SOLISTIMUM,  {quasi  terripavium  vel 
ternpudium,  Cic.  div.  ii.  34.  Festus  in  PULS.)  Liv.  x.  40. 
Plin.  X.  21.  s.  24.  and  was  reckoned  an  excellent  omen, 
{auspicium  egregiiim  vel  optimum),  ibid. 

When  the  augur  declared  that  the  auspices  were  unexcep- 
tionable, {omni  vitio  carere)^  that  is,  that  there  was  nothing 
to  hinder  the  comitia  from  being  held,  he  said,  Silentium 
ESSE  videtur,  Cic.  de  Div.  ii.  34.  but  if  not,  he  said  A- 
LIO  DIE,  Cic.  de  Legg.  ii.  12.  on  which  account  the  co- 
mitia could  not  be  held  that  day.  Thus,  Papirio  legem  fe- 
renti  triste  omen  diem  diffidit,  i.  e.  Rem  in  diem  poste?'um 
rejicere  coegitj  Liv.  ix.  38. 

This  declaration  of  the  augur  was  called  NUNTIATIO, 
or  obnuntiatio.  Hence  Cicero  says  of  the  augurs,  Nos  nun- 

TIATIONEM  SOLUM  HABEMUS  ;  AT  CoNSULES  ET  RE- 
Liq^UI  MAGISTRATUS    ETIAM   SPECTIONEM,  V.  inspecti- 

onem,  Phil.  ii.  52.  but  the  contrary  seems  to  be  asserted  by 
'Festus ;  (i?i  voce  SPECTIO},  and  commentators  are  not 
agreed  how  they  should  be  reconciled.  It  is  supposed  there 
should  be  a  diflferent  reading  in  both  passages,  Fid.  Abram.. 
in  Cic  8?  Scakger.  in  Fest. 

Any  other  magistrate,  of  equal  or  greater  authority  than 
he  who  presided,  might  likewise  take  the  auspices  ;  espe- 
cially if  he  wished  to  hinder  an  election,  or  prevent 'a  law 
from  being  passed.  If  such  magistrate  therefore  declared, 
Se  de  coelo  SERVAssE,thathehadheardthunder,  orseen 
lightning,  he  was  said  OBNUNTIARE,  {augur  auguri, 
consul  considi  obnuntiuvisti.   Cic.)  which  he  did  by  sayinip, 


96  ROMAN  ANTIQUITIES. 

ALIO  DIE  ;  whereupon  by  the  Lex  Mlia  et  Fusia,  the  m 
mitia  were  broken  off,  idirimehantur)^  and  deftrred  to  ano^ 
ther  day.  Hence  obmintiare  concilio  aut  comitiis,  to  prevent, 
to  adjourn  ;  and  this  happened,  even  if  he  said  that  he  had 
seen  what  he  did  not  see,  isi  aiispkia  ementitus  esset)^  be- 
cause he  was  thought  to  have  bound  the  people  by  a  reli- 
gious obligation,  v/hich  must  be  expiated  by  their  calamity 
or  his  own,  Cic.  PhiL  ii.  33.  Hence  in  the  edict  whereby 
the  comitia  were  summoned,  this  formula  was  commonly 
used,  Ne  qjJis  minor  magistratus  de  coelo  ser- 
VASSE  velit:  which  prohibition  Clodius,  in  his  law  a- 
gainst  Cicero,  extended  to  all  the  magistrates,  Dio.  xxxviiii 
13. 

The  comitia  were  also  stopped,  if  any  person,,  while  they 
were  holding,  was  seized  with  the  falling  sickness  or  epilep- 
sy, which  was  hence  called  MORBUS  COMITIALIS  ; 
or  if  a  tribune  of  the  commons  interceded  by  the  solemn 
word,  VETO,  JLiv.  vi.  35.  or  any  magistrate  of  equal  au- 
thority with  him  who  presided,  interposed,  by  wasting  the 
day  in  speaking,  or  by  appointing  holy  days,  Sec.  dead 
Fratr,  ii.  6.  and  also  if  the  standard  was  pulled  down  from 
the  Janiculum,  as  in  the  trial  of  Rabirius,  by  Metellus  the 
prsetor,  Dio.  lib.  xxxvii,  27. 

The  comitia  were  also  broken  off  by  a  tempest  arising  ; 
but  so,  that  the  election  of  those  magistrates  who  were^al- 
ready  created,  was  not  rendered  invalid,  (.ut  jam  creati  nan 
vitiosi  redclerenturj,  Liv.  xl.  59.  Cic.  de  Divin.  ii.  18.  un- 
less when  the  comitia  were  for  creating  censors. 

6.  The  Marnier  of  holding  the  Comitia  Cek'turiata,% 

When  there  was  no  obstruction  to  the  comitia,  on  the  day 
appointed,  the  people  met  in  the  Campus  Marti  us.  The 
magistrate  who  was  to  preside,  sitting  in  his  curule  chair  on 
a  tribunal, (pro  tribunali),  Liv.xxxix.32.  used  to  utter  a  set 
form  ofpraj'er  before  he  addressed  the  people,  Liv.  xxxix. 
15.  the  augur  repeating  over  the  words  before  him,  {augnre 
verba  prdseunte,  Cic.)  Then  he  made  a  speech  to  the  peo- 
ple about  what  was  to  be  done  at  the  comitia. 

If  magistrates  were  to  be  chosen,  the  names  of  the  can- 
didates were  read  over.    But  anciently  the  people  might 


7)^e  CoMiTiA  Centurxata,  &c.  97 

-chuse  whom  they  pleased,  whether  present  or  absent,  al- 
though they  had  not  declared  themselves  candidates,  Liv. 
passim. 

If  a  law  was  to  be  passed,  it  was  recited  by  a  herald, 
while  a  secretary  dictated  it  to  liim,  {subjiciente  scriba),  and 
diffiprent  persons  were  allowed  to  speak  for  and  against  it, 
Liv.  xl.  21.  A  similar  form  was  observed  at  trials,  be- 
cause application  was  made  to  the  people  about  the  punish- 
ment of  any  one,  in  the  same  manner  as  about  a  law.  Hence 
irrogarepifnam^  vel  mulctam,  to  inSict  or  impose. 

The  usual  beginning  of  all  applications  to  the  people,  {om- 
Tiium  rogationem),  was,  VELITIS,  JUBEATIS,  QUIRI- 
TES,  and  thus  the  people  were  said  to  be  consulted,  or, 
asked,  {considi  vel  rogari),  and  the  consuls  io  consult  or  ask 
them,  Cic.  ^  Liv.  passim.  Hence  jubere  legem  vel  rogatio- 
Tiem^  iUso  DECERNEREjto  pass  it ;  Sail.  Jug.  40.  vttare^ 
to  reject  it ;  rogare  magistratus,  to  create  or  elect,  Sail. 
Jug.  29.  Rogare  quasitores^  to  appoint  judges  or  inquisitors, 
ib.  40.  Sojussa  et  vetita  populi  in  jubendis  v.  sciscendis  le- 
gibus,  Cic.  de  Legg.  ii.  4.  Qidbus.  sc.  Silanoet  Mur£ena3, 
consulatus^  me  rogante^  i.  e.  pr^esidente,  datus  est,  Id.  pro 
Mur.  1.    Then  the  magistrate  said,  Sivobisvidetur, 

DISCEDITE,  q^UIRITES  ;  Or,  It E  IN  SUPFRAGIUM,  BENE 
3UVANTIBUsDlIS,ET,  qjJJE  PATRESCENSUERUNT,VOS 

jUBETE,  Liv.  xxxi.  7.  Whereupon  the  people  who,  as  u- 
sual,  stood  promiscuously,  separated  every  one  to  his  own 
tribe  and  century,  Ascon.  in  Cic.  pro  Corn.  Balbo.  Hence 
the  magistrate  was  said  mittere  populum  in  suffragium  ;  and 
the  people,  inire  vel  ire  in  suffragium,  Cic.  &  Liv.  passim. 
Anciently  the  centuries  were  called  to  give  their  votes  ac- 
cording to  the  institution  of  Servius  Tullius ;  first  the  E^ 
quites,  and  then  the  centuries  ofthe  first  class,  S^cc.but  after- 
wards it  was  determined  by  lot  {SOKT YTlOJiebat^  in  what 
order  they  should  vote.  When  this  was  first  done  is  uncer. 
tain.  The  names  of  the  centuries  were  throvvn  into  a  box. 
(.in  sitellam  ;  sitella  defertur,  Cic.  JV.  D.  i.  38.  Sitella  al- 
luta  est,  ut  sortirentur,  Liv.  xxv.  3.)  and  then  the  box  be- 
ing shaken,  so  that  the  lots  might  lie  equally,  isorfibu.<i  (egua- 
tis),  the  century  which  carneout  first  g;i  ve  its  vott-  first,  and 
hence  was  called  PR/EROG ATI  VA,X?V.  v.   1 8.    Those 

r 


98  ROMAN  ANTIQUITIES. 

centuries  which  followed  next,  were  called  PRIMO  VO- 
CATJE,  Lw.  X.  15.  &?  22.  The  rest  JURE  VOC  ATiE, 
.Liv.  xxvii.  6.  But  all  the  centuries  are  usually  called  jure 
vocatiVy  except  the  prarogativa.  Its  vote  was  held  of  the 
greatest  importance,  (ut  nemo  unquam  prior  earn  tulerity 
quin  renunciatus,  sity  Cic.  pro  Plane.  20.  Divin.ii.  40.  Mur, 
18.)  Liv.  xxvi.  22.  Hence  PRiERocAXivA  is  put  for  a 
sign  or  pledge,  a  favourable  omen  or  intimation  of  any  thing 
future  ;  Supplicatio  est  pnerogativa  triu?nphi,  Cic.  Fam. 
XV.  5,  so  Act.  Verr.  9.  Plin.  vii.  16.  xxxvii  9.  s.  46.  fot" 
a  precedent  or  example,  Liv.  iii.  51.  a  choice.  Id.  xxi.  3.  or 
favour,  Id.  xxviii.  9.  and  among  later  writers  for  a  peculiar 
or  exclusive  privilege. 

When  tribes  are  mentioned  in  the  Comitia  Centuriatay 
Liv.  X.  13.  it  is  supposed,  that,  after  the  centuries  were  in- 
cluded in  the  tribes,  the  tribes  first  cast  lots  ;  and  that  the 
tribe  which  first  came  out  was  called  PR^EROGATIVA 
TRIBUS  ;  and  then  that  the  centuries  of  that  tribe  cast  lots 
which  should  be  the  prarogativa  centuria.  Others  think 
that  in  this  case  the  names  of  tribes  and  centuries  are  put 
promiscuously  the  one  for  the  other.  But  Cicero  calls  cen^ 
turia,  pan  tribus  ;  and  that,  which  is  remarkable,  in  the 
Comitia  Tributa,  pro  Plane.  20. 

Anciently  the  citizens  gave  their  votes  by  word  of  mouth; 
and  in  creating  magistrates,  they  seem  each  to  have  used  this 
form,  CoNsuLEs,  ^c.  nomino  vel  dico,  Liv.  xxiv,  8.  & 
9.  in  passing  laws,  Uxi  rogas,  volo  vel  jubeo,  Cic.  de 
Legg.  ii.  10.  The  will  or  command  of  the  people  was  ex- 
pressed by  V  E  L  L  E ,  and  that  of  the  senate  bycENSERE,  Sail. 
Jug.  21.  hence  leges  magistratusqueROCAREy  to  make,  Liv, 
i.  17. 

Sometimes  a  person  nominated  to  be  consul,  Sec.  by  the 
praerogative  century,  declined  accepting,  Liv.  v.  18.  xxvi. 
22.  or  the  magistrate  presiding  disapproved  of  their  choice, 
and  made  a  speech  to  induce  them  to  alter  it.  Whereupon 
the  century  was  recalled  by  a  herald  to  give  its  vote  anew. 
(in  sujfragiumrevocata;  thus,  Redite  in  suffragium. 
Liv.  ibid.)  and  the  rest  usually  voted  the  same  with  it,  (auc- 
toritatem  prerogative  secnta  mnt;  'eosdein  consules  cetertt 
renturxK  sine  variatione  tdla  diccerunt),  Liv.  xxiv.  8.  &  9. 


TYz^CoMiTiA  Centuriata,  8cc.  99 

111  the  same  manner  after  a  bill  had  been  rejected  by  almost 
all  the  centuries  on  a  subsequent  day,  {alteris  comitiis)^  we 
find  it  unanimously  enacted ;  as  about  declaring  \var  on  Phi- 
lip, Ab  hag  ORATIGNE  in  3UFFRAGIUM  MISSI,  VT  RO- 
GARAT,  BELLUM  JUSSERUNT,  Ijiv.  XXXl.  8. 

But  in  later  times,  that  the  people  might  have  more  liber- 
ty in  voting,  it  was  ordained  by  viu'ious  laws,  which  were 
calledLEGES  TABELLARii^,that  they  should  vote  by 
ballot ;  first  in  conferring  honours,  by  the  Gahinian  law, 
made  A.  U.  614.  Cic.  de  Amic.  12.  Plin,  Ep,  iii.  20.  two 
years  after,  at  all  trials  except  for  treason,  by  the  Cassian 
l^w,  Cic.  Brut.  25.  &  27.  in  passing  laws,  by  the  Papirian 
law,  A.  U.  622.  and  lastly,  by  the  Ctclian  law,  A.  U.  630. 
also  in  trials  for  treason,  which  had  been  excepted  by  the 
Cassian  law,  Cic.  de  Legg.  iii.  16.  The  purpose  of  these 
Jaws  was  to  diminish  the  influence  of  the  nobility,  Ibid.  ^ 
Cic,  Plane,  6. 

The  centuries  being  called  by  a  herald  in  their  order,  mov- 
ed from  the  place  where  they  stood,  and  went  each  of  them 
into  an  inclosure,  (SEPTUM  vel  OVILE),  which  was  a 
place  surrounded  with  boards,  (Jocus  tabulatis  inclusus\  and 
near  the  tribunal  of  the  consul.  Hence  they  were  said  to  be 
intro  vocata:^  sc.  in  ovile^  Liv.  x.  13.  There  was  a  narrow 
passage  to  it  raised  from  the  ground,  called  PONS  or  PON- 
TICULUS,  by  which  each  century  went  up  one  after  ano- 
ther, Suet.  Jul.  80.  Hence  old  men  at  sixty  (SEXAGE- 
NARIL)  were  said,  DE  ponte  dejici;  and  were  called 
DEPONTANI,  because  after  that  age  they  were  exempt- 
ed from  public  business,  Varro  W  Festus-,  to  which  Cicero 
alludes,  Rose.  Am.  35.  But  a  very  different  cause  is  assign- 
ed for  this  phrase,  both  by  Varro  and  Festus. 

There  were  probably  as  many  Pontes  and  Septa^  or  Ovi- 
liot  as  there  were  tribes  and  centuries.  Hence  Cicero  usually 
speaks  of  them  in  the  plural ;  thus.  Pontes  Lex  Maria  fecit 
angustos,  de  Leg.  iii.  17.  Opera  Clodiana  pontes  occupQ' 
rent^  Attic,  i.  14.  depio  cum  bonis  viris  impefumfacit,  pon- 
tes  dejicitf  ad  Herenn.  i.  12.  Cum  Clodius  in  septa  irruisset, 
pro  Mil.  15.  So  miser  a  maculavit  ovilia  Bom'^i  Lucan. 
Phar?al.  ii.  197. 


iOO  ROMAN  ANTIQUITIES, 

Some  think  that  each  tribe  and  century  voted  in  its  own 
ovile,  Serv.  in  Virg.  Eel.  i.  34.  But  this  does  not  seem 
consistent  with  what  we  read  in  other  authors. 

At  the  entrance  of  the  pofis^  each  citizen  received  from 
certain  officers,  called  DlRiBITORES,  or  distributor es, 
ballots,  itabulte  vel  tabelU)^  on  which,  if  magistrates  were 
to  be  created,  were  inscribed  the  names  of  the  candidates, 
not  the  whole  names,  but  only  the  initial  letters,  Cic.  pro 
Dom.  43.  and  they  seem  to  have  received  as  many  tablets 
as  there  were  candidates.  We  read  of  other  tables  being; 
given  in  than  were  distributed,  which  must  have  been 
brought  from  home,  Suet.  Jul.  80.  but  as  no  regard  was 
paid  to  them,  this  seldom  happened.  The  same  thing  took 
place,  also  under  the  Em.perors,  when  the  right  of  electing 
magistrates  was  tiansferred  from  the 'people  to  the  senate^ 
Plin.Ep.\y.25. 

If  a  law  was  to  be  passed,  or  any  thing  to  be  ordered,  as  in 
a  trial,  or  in  declaring  war,  &:c.  they  received  two  tablets,  on 
the  one  were  the  letters  U.  R.  i.  e.  UTl  ROGAS,  sc.  voh 
veljubeoy  I  am  for  the  law  ;  and  on  the  other,  A.  for  ANTI- 
QUO,  i.  e.  Antiqiia  probo,  nihil  novi  statui  volo;  I  like  the 
old  way,  I  am  against  the  law.  Hence  antiquare  legem.,  to 
reject  it. 

Of  these  tablets  every  one  threw  which  he  pleased  into  a 
chest  {in  cistam)  at  the  entrance  of  the  ovilc^  wliich  was  point, 
ed  out  to  them  by  the  ROGATORES,  who  asked  for  the 
ballots,  and  anciently  for  the  votes,  when  they  were  given 
viva  voce^  Cic.  de  Divin.  i.  17.  ii.  35.  Nat.  D.  ii.  4.  Then 
certain  persons,  called  CUSTODES,  who  observed  that  no 
fraud  should  be  committed  in  casting  lots  and  voting,  (jn  sor- 
titione  et  suffragiis).,  took  out  (educebanc)  the  ballots,  and 
counted  the  votes  by  points  marked  on  a  tablet,  which  xvas 
called  DiRiMERE  sitffragia,  or  Diremtt lo sti^ragiorur??, 
Lucan.  v.  393.  whence  omne punctum  ferre,  for  omnibus 
suffragils  rsnunciari^  to  gain  every  vote :  and  what  pleas- 
ed the  majority,  was  declared  by  a  herald  to  be  the  votes 
of  that  century.  The  person  who  told  to  the  cousid  the  vote 
of  his  century,  {qui  centuriam  suam  rogavity  et  ejtis  suffra- 
giwn  retulit ;  vel  Consules  a  centuria  sua  creatos  rcnnncia^ 
■vit,  retulit)  was  cdled  ROGATOR.  Cic.  lb.  b'de  Orat.  ii. 


Tkc  Co*riTiA  Centuriata>v&c.  101 

64.  Thus  all  the  centuries  were  called  one  afteranother,  till 
a  majority  of  centuries  agreed  in  the  same  opinion -/^d  what 
they  judged  was  held  to  be  ratified.  *V 

The  Diribitoresy  Rogatores,  and  Custodes,  werecomm6ii. 
ly  persons  of  the  first  rank,  and  friends  to  the  candidates,  or\ 
favourers  of  the  law  to  be  passed,  who  undertook  these  offi 
€es  voluntarily,  C?V.  in  Pis.  15.  post.  red.  in  Sen,  11.  Augus- 
tus is  supposed  to  have  selected  900  of  the  equestrian  order 
to  be  Custodes  or  Rogatores^  {ad  custodiendas  cistas  sujfra- 
Riorum),  Plin.  xxxiii.  2.  s.  7. 

If  the  points  of  any  century  were  equal,  its  vote  was  not 
declared,  but  was  reckoned  as  nothing,  except  in  trials, 
where  the  century  which  had  not  condemned,  was  suppos- 
ed to  have  acquitted. 

The  candidate  who  had  most  votes,  was  immediately  call- 
ed by  the  magistrate  who  presided ;  and  after  a  solemn  pray- 
er, and  taking  an  oath,  was  declared  to  be  elected  (reminci- 
atus  est),  by  a  herald,  Cic.  pro  leg.  Manil.  1.  pro  Mitnen,  1. 
in  Rull.  ii.  2.  Veil.  ii.  92.  Then  he  was  conducted  home  by 
his  friends  and  dependants  with  great  pomp. 

It  was  esteemed  very  honourable  to  be  named  first,  Cic. 
pro  leg.  Manil.  1. 

Those  who  w^ere  elected  consuls,  usually  crowned  the 
images  of  their  ancestors  with  laurel,  Cic.  Miir.  41. 

When  one  gained  the  vote  of  a  century,  he  was  said/^r/v? 
centuriam^  and  nonferre  vel  perdere^  to  lose  it ;  soferre  re  ■ 
pulsa?n,  to  be  rejected  ;  but  ferre  suffragium  vel  tabella?::, 
to  vote  ;  thus,  Meis  comitiis  non  tabellam  vindicem  tacit  re 
libertatis  sed  vocem  vivam  tidistis^  Cic.  in  Hull.  ii.  2. 

The  magistrates  created  at  the  Comitia  Centuriata,  were 
said7?(?r?,  creari,  declara?%  nominari,  did,  renunciari,  de- 
signari,  rogari,  &c. 

In  creating  magistrates  this  addition  used  to  be  made,  to 
denote  the  fulness  of  their  right :  U t  qui  optima  lege 
iUERiNT;  OPTIMO  Jure  ;  eo  Jure,  quo  qui  optimo, 
Festus'in  Optima  lex.  Cic.  in  Rull.  i.  11.  Phil.  xi.  12. 
Jjiv.  ix.  34. 

When  a  law  was  passed ,  it  was  said  perferri;  the  cen  - 
turies  which  voted  for  it,  were  said  Legem  jubere,  v.  ro- 
'^ATiONEM  AcciFEREj  TAv.  ii.  57.  iii.  15.  63.  ^alibipas 


i02  ROMAN  ANTIQUITIES. 

sim  ;  those  who  voted  agahist  it,  A  n  t  i  qu  a  r  e  ,  v  E  T  a  ft  ff ,  ^I 

NGN  ACCIPERE.      J-^CX   ROGATUR  dumftrtUT;    ABROGA- 

Tuvt-ydiim  toUitur:  derogatur  legi^  v.  de  lege,  cumptrno-> 
vam  legem  aliquid  veteri  legi  detrakitur :  subrogatur, 
cum  aliquid adjicitur ;  obrogatur,  cum  nova  lege  inJirmU' 
iur,  Uipian  &  Festiis.  l/bi  dua  contrarice  leges  sunt,  sem^ 
per  antiquam  ahrogat  riova,  the  new  invalidates  the  old,  Liv, 
ix.  34. 

Two  clauses  commonly  used  to  be  added  to  all  laws :  1. 
Si  quiD  JUS  non  fuit  rogari,  ut  ejus  hac  lege  ni- 
hil EssET  rogatum  :  2.  Si  quiD  contra  alias  le- 
ges EJUS  LEGIS  ergo  latum  ESSET,  UT  EI,  (^UI  EAM 
LEGEM    ROGASSET,    IMPUNE     ESSET,    Cic.    Att,    \\\.    23. 

which  clause  icapiit)  Cicero  calls  TRiVNSLATlTIUM, 
in  the  law  of  Clodius  against  himself,  because  it  was  trans* 
f erred  from  ancient  laws,  ihid. 

This  sanction  used  also  to  be  annexed,  Ne  quis  per  s  a* 
TURAM  ABROGATo;  1.  c.  per  legem  in  qua  conjunctim  fnul- 
tis  de  rebus  una  rogatione  populus  considebatur ^  Festus. 
Hence  Exquirere  sententias  per  saturam^  i.  e.  passim^  sine 
eerto  ordzne,  by  the  gross  or  lump,  Sal.  Jug.  29.  In  many 
laws  this  sanction  was  added.  Qui  aliter  velsEcus  fax- 
it  V.  fecerit,  sacer  esto  ;  i.  e.  ut  caput  ejus ^  cum  bO' 
nis  xtXfamilia^  alicui  deorum  consevraretur  v.  sacrum  esset : 
that  it  might  be  lawful  to  kill  the  transgressor  with  impuni- 
ty, Liv.  ii.  8.  iii.  55.  Cic.  pro  Balb.  14. 

When  a  law  was  passed,  it  was  engraved  on  brass,  and 
carried  to  the  treasury.  It  used  also  to  be  fixed  up  in  public, 
in  a  place  where  it  might  be  easily  read,  (unde  de  plano^  i. 
c.  from  the  ground,  legi  posset).  Hence  Li  capitolio  legum 
era  liquefacta^  Cic.  Cat.  iii.  8.  Nee  verba  minaciajixo  sre 
legebantw\  Ovid.  Met.  i.  3.  Fixit  leges  prctio  atque  rejix- 
ity  made  and  unmade,  Firg,  jEn.y'u  622.  Cic.  Phil,  xiii.  3. 
Fa7n.  xii.  1. 

After  the  year  of  the  city  598,  when  the  consuls  first  began 
to  enter  on  their  office  on  the  first  day  of  January,  the  comitia 
.for  their  election  were  held  about  the  end  of  July  or  the  be- 
ginning  of  August,  unless  they  were  delayed  by  the  inter- 
cession  of  the  magistrates,  or  by  inauspicious  omens.  In  the 
time  of  the  first  Punic  war,  the  consuls  entered  on  their 


The  CoMiTiA  Tributa^  103 

office  on  the  ides  of  March,  and  were  created  in  Janunry  cr 
February,  Liv.  passim.  The  przetors  were  always  elected 
after  the  consuls,  sometimes  on  the  same  day,  Ltv.  x.  22. 
or  the  day  after,  or  at  the  distance  of  several  days,  Id.  From 
the  time  of  their  election,  till  they  entered  on  their  office^ 
they  were  called  DESIGNATI. 

The  comitia  for  enacting  laws  or  for  trials,  might  be  held 
on  any  legal  day. 

COMITIA  TRIBUTA. 

IN  the  Comitia  Tributa  the  people  voted  divided  into 
tribes,  according  to  theu*  regions  or  wards,  («?x  regionibus 
ft  iocisJ,  A.  Gell.  xv.  27. 

The  name  of  tribes  was  derived  either  from  their  original 
number  three,  ia  numero  ternarioj,  or  from  payirg  tribute, 
{a  tributo)^  Liv.  i.  43.  or,  as  others  think,  from  t^/ttW,  tertia 
pars  tribus  apud  jithenienses, Police  r^tTr'^o?;  unde  tribus. 

The  first  three  tribes  were  called  RAMNENSES  or 
Ramnes,  TATIENSES  or  Titienses,  and  LUCERES. 
The  first  tribe  was  named  from  Romulus,  and  included  the 
Roman  citizens  who  occupied  the  Palatine  hill ;  the  second 
from  Titus  Tatius,  and  included  the  Sabincs  who  posses- 
sed the  Capitoline  hill ;  and  the  third  from  one  Lucwmo  a 
Tuscan,  or  ratlier  from  the  grove  {a  luco)  which  Romulus 
turned  into  a  sanctuary,  {asylum  retulit,  Firg.  JEn.  viii. 
342.)  and  included  all  foreigners  except  the  Sabines.  Each 
of  these  tribes  at  first  had  its  own  tribune  or  commander, 
itribunus  VQlprafectusJ,  Dionys.  iv.  14.  and  its  own  augur, 
Liv.  X.  6. 

Tarquinius  Priscus  doubled  the  number  of  tribes,  retain- 
ing the  same  names  ;  so  that  they  were  called  Rarmienses 
primi  and  Ramnenses  secundiy  ov  posterior es^  &c. 

But  as  the  Luceres  in  a  short  time  greatly  exceeded  the 
rest  in  number,  Servius  Tullius  introduced  a  new  arrange- 
ment, arid  distributed  the  citizens  into  tribes,  not  according 
to  their  extraction,  but  from  their  local  situation. 

He  divided  the  citv  into  four  regions,  or  wards,  called 
PALATINA,  SUBURRANA,  COLLINA,  and  ES^ 
QUILINA,  the  inhabitants  of  which  constituted  as  many 
tribes,  and  had  their  names  from  the  wards  which  they  in- 


i04  nOMAN  ANTIQUITIES; 

habited.  No  one  was  permitted  to  remove  from  one  ward 
to  another,  that  the  ti'ibes  might  not  be  confounded,  Dionys. 
iv.  14.  On  which  account  certain  persons  were  appointed 
to  take  an  account  where  every  one  dwelt,  also  of  their  age, 
fortune,  &c.  These  were  called  city  tribes,  (TRIBUS  UR- 
BANiE),  and  their  number  always  remained  the  same. 

Servius  at  the  same  time  divided  the  Roman  territory  into 
fifteen  parts,  Tsome  say  sixteen,  and  some  seventeen),  which 
were  called  country  tribes,  (TRIBUS  RUSTICiE),  Dio- 
7iyS'  iv.  15. 
-  In  the  year  of  the  city  258,  the  number  of  tribes  was 
made  twenty-one,  Viv.  ii.  21.  Here,  for  the  first  time,  Livy 
directly  takes  notice  of  the  number  of  tribes,  although  he  al- 
ludes to  the  original  institution  of  three  tribes,  x.  6.  Diony- 
sius  says,  that  Servius  instituted  31  tribes,  iv.  15.  But  in 
the  ti'ial  of  Coriolanus,  he  only  mentions  21  as  having  voted, 
vii.  64.  the  number  of  Livy,  viii.  64. 

The  number  of  tribes  was  afterwards  increased  on  ac- 
count of  the  addition  of  new  citizens  at  different  times,  Liv, 
vi.  5.  vii.  15.  viii.  17.  ix.  20.  x.  9.  Epit.  xix.  to  thirty-five, 
Liv.  xxiii.  13.  Ascon,  in  Cic.  Ferr.  i.  5.  which  number  con» 
tinued  to  the  end  of  the  republic,  Liv.  i.  43. 

After  the  admission  of  the  Italian  states  to  the  freedom  of 
the  city,  eight  or  ten  new  tribes  are  said  to  have  been  added, 
but  this  was  of  short  continuance  ;  for  they  v/ere  all  soon 
distributed  among  the  thirty-five  old  tribes. 

For  a  considerable  time,  according  to  the  institution  of 
Servius  Tullius,  a  tribe  was  nothing  else  but  the  inhabi- 
tants of  a  certain  region  or  quarter  in  the  city  or  country  ; 
but  afterwards  this  was  altered  ;  and  tribes  came  to  be  reck- 
oned parts  not  of  the  city  or  country,  but  of  tlie  state, 
inon  iirbis  sed  civitatis).  Then  every  one  leaving  the  city 
tribes  wished  to  be  ranked  among  thejustic  tribc^s.  This 
was  occasioned  chiefly  by  the  fondness  of  the  ancient  Ro- 
mans for  a  country  life,  and  from  the  power  of  the  censors, 
who  could  institute  new  tribes,  and  distribute  the  citizens, 
both  old  and  new,  into  whatever  tribes  they  pleased,  without 
regard  to  the  place  of  their  habitation.  But  on  this  subject 
writers  are  not  agreed.  In  the  year  449,  Q.  Fabius  separat. 
ed  the  meaner  sort  of  people  from  all  the  tri]DL\s  through 


J  he  L  0  31  i  1 1 A  Tr  I  b  u  t  a»  105 

which  they  had  been  dispersed  by  App.  Claudius,  and  in- 
cluded them  in  the  four  city  tribes,  Lw.  ix.  46.  Among 
these  were  ranked  all  those  whose  fortunes  were  below  a  cer- 
tain valuation,  called  rUOLETAKIl  ;  and  those  who  had 
no  fortune  at  all,  CAPITK  CENSi,  GelL  xvi.  10.  From 
this  time,  and  perhaps  before,  the  four  city  tribes  began  to 
be  esteemed  less  honourable  than  the  thirty-one  rustic  tribes; 
and  some  of  the  latter  seem  to  have  been  thought  more  hon- 
ourable than  others,  Cic.proBalboy  25.  Plin.  xvii.  3.  Hence 
when  the  censors  judged  it  proper  to  degrade  a  citizen,  they 
removed  him  from  a  more  honourable  to  a  less  honourable 
tribe,  itribu  movebant)  ;  and  whoever  convicted  any  one  of 
bribery,  upon  trial,  obtained  by  law  as  a  reward,  if  he  chose, 
the  tribe  of  the  person  condemned,  Cic.  ibid. 

The  rustic  tribes  had  their  names  from  some  place ;  as 
Tribus  Aniensist  Arniensis,  Cluvia,  Crustuminay  Falerina^ 
Lemonia^  Mcecia^  Pomptina^  Quirina,  Romilia^  Scaptia^  &c. 
or  from  some  noble  family  ;  as,  Aimilia^  Claudia,  Cluentiay 
Cornelia,  Fabia,  Horatia,  Julia,  Minucia,  Papiria,  Sergia, 
Terentina,  Veturia,  &c. 

Sometimes  the  name  of  one's  tribe  is  added  to  the  name 
of  a  person,  as  a  sirname  ;  thus,  L.  Albius  Sex  F.  Quirifia^ 
Cic.  Quint.  6.  M.  Oppius,  M.  F,  Terentina^  Cic.  Fam. 
viii.  7.  Att.  iv.  16. 

The  Comitia  Tributa  began  first  to  be  held  two  years  after 
the  creation  of  the  tribunes  of  the  people,  A.  U.  263,  at 
the  trial  of  Coriolanus,  Dionys.  vii.  59.  But  they  were  more 
frequently  assembled  after  the  year  282,  when  the  Publi- 
lian  law  was  passed,  that  the  Plebeian  magistrates  should 
be  created  at  the  Comitia  Tributa,  Liv.  ii.  S^. 

The  Comitia  Tributa,  were  held  to  create  magistrates,  to 
elect  certain  priests,  to  make  laws,  and  to  hold  trials. 

At  the  Comitia  Tributa  were  created  all  the  inferior  ciiif 
magistrates,  as  the  iEdiles,  both  curule  and  Plebeian,  the 
tribunes  of  the  commons,  quasstors,  &c.  Ail  the  provincial 
magistrates,  as  the  proconsuls,  propraetors,  &c.  also  com- 
missioners for  setthng  colonies,  &:c.  The  Pontifex  Maxi- 
mus,  and  after  the  year  650,  the  otlier  pontijices  augures,  fe- 
males, &c.  by  the  Domitian  law,  Suet.  Ner.  2.  For  before 
that,  the  inferior  priests  were  all  chosen  by  tjieir  respective 

Q 


106  ROMAN  ANTIQUITIES, 

colleges,  (a  coUegiis  suis  cooptabantur).  But  at  the  electibK 
of  the  pontifex  maximus,  and  the  other  priests,  what  was 
singular,  only  seventeen  tribes  were  chosen  by  lot  to  vote, 
and  a  majority  of  them,  namely  nine,  determined  the  matter, 
Cic.  RulL  ii.  7. 

The  laws  passed  at  these  comitia  were  called  PLEBIS- 
CITA,  {qua  plebs  suo  auffragio  sine  patribus  jussit^  plebeio 
magistratu  rogante,  Fesius,)  wiiich  at  first  only  bound  the 
Plebeians,  but  after  the  year  306,  the  whole  Roman  peo- 
ple, Liv-  iii,  55. 

Plebiscita  were  made  about  various  things ;  as  about 
making  peace,  Liv.  xxxiii.  10.  ;  about  granting  the  free- 
dom of  the  city  ;  about  ordering  a  triumph  when  it  was  re- 
fused by  the  senate,  Liv.  iii.  63.  about  bestowing  command 
on  generals  on  the  day  of  their  triumph,  JLiv.  xxvi.  21.  ;  a- 
bout  absolving  from  the  laws,  which  in  later  times  the  sen- 
ate assumed  as  its  prerogative,  Ascon.  in  Cic.  ad  Cornel, 
&c. 

There  were  no  capital  trials  at  the  Comitia  Tributa^ 
these  were  held  only  at  the  Centuriata :  but  about  impos- 
ing a  fine,  Liv,  iv.  41.  And  if  any  one,  accused  of  a  capi- 
tal crime,  did  not  appear  on  the  day  of  trial,  the  Tributa  Co- 
Ttiitia  were  sufficient  to  decree  banishment  against  him, 
(z(/  eijustum  exilium  esse  scivit  plebs,)  Liv.  xxvi.  3.  xxv.4. 

All  those  might  vote  at  the  Comitia  Tributa,  who  had  the 
full  right  of  Roman  citizens,  whether  they  dwelt  at  Rome 
or  not.  For  every  one  was  ranked  in  some  tribe,  in  which 
he  had  a  right  to  vote, Xzi;.  xlv.  15.  Some  had  two  tribes ; 
one  in  which  they  were  born,  and  another,  either  by  right  of 
adoption,  as  Augustus  had  the  Fabian  and  Scaptian  tribes, 
Suet.  Aug.  40.  or  as  a  reward  for  accusing  one  of  bribery, 
{leges  de  ambitu  pramio.)  Cic.  pro  Balbo,  25. 

At  the  Comitia  Tributa  the  votes  of  all  the  citizens  were 
of  equal  force,  and  therefore  the  patricians  hardly  ever  at- 
tended them.  On  which  account,  as  some  think,  they  are 
said  to  have  been  entirely  excluded  from  them,  Liv.  ii.  56. 
&  60.    But  about  this  writers  are  not  agreed.  ^ 

The  comitia  for  creating  tribunes  and  plebeian  sediles^ifllK! 
were  held  by  one  of  the  tribunes  to  whom  that  charge  was 
given,  either  by  lot  or  by  the  consent  of  his  colleagues, 


I 


The  CoMiTiA  Tributa,  lOj 

lAVn  lii.  64.  but  for  creating  curule  aediles  and  other  inferior' 
magistrates,  by  the  consul,  dictator,  or  military  tribunes ; 
for  electing  priests,  by  the  consul  only,  Cic.  ad  Brut.  5. 

The  Comitia  Tributa  for  passing  laws  and  for  trials,  were 
held  by  the  consuls,  prastors,  or  tribunes  of  the  commons. 
When  the  consul  was  to  hold  them,  he  by  his  edict  sum- 
moned the  whole  Roman  people ;  but  the  tribunes  summon- 
ed only  the  plebeians,  GeU.  xv.  17.  Hence  they  are  some- 
times called  comitia  pouuii,  and  sometimes  concilium  pielm  : 
In  the  one  the  phrase  was  populas  jussit ;  in  the  oihar  plebs 
scivif.  But  this  distinction  is  not  always  observed. 

The  Comitia  7V?Z)w?flfor  electing  magistrates  were  usually 
held  m  the  Campus  Martius,  Cic.  Att.  i.  1.  iv.  3.  Ep.  Fam. 
vii.  30.  but  for  passing  laws  and  for  trials,  commonly  in  the 
forum  ;  sometimes  in  the  capiiol,  Liv.  xxxiii.  10.  and  soincr 
times  in  the  circus  Flaminius^  Liv.  xxvii.  21.  anciently  called 
prata  Flarmma,  or  circus  Appollinaris^  Id.  iii.  6^.  where  also 
Q.  Furius,  the  Pomifex  Maximus,  held  the  comitia  for  elect- 
ing the  tribunes  of  the  commons,  after  the  expulsion  of  the 
Decemviri,  Liv.  iii.  54. 

In  the  forum  there  were  separate  places  for  each  tribe 
marked  out  with  ropes,  Dionys^  vii,  59. 

In  the  Campus  Martius,  Cicero  proposed  building  in  Cae- 
sar's name,  marble  inclosures(j6'/J/'a  marmorea),  for  holding 
the  Comitia  Tributa,  Cic.  Att.  ivt  16.  which  work  was  prCr 
vented  by  various  causes,  and  at  last  entirely  dropped  upon 
the  breaking  out  of  the  civil  wars ;  but  it  was  afterwards 
executed  by  Agrippa,  Dio.  liii.  23.  Flm.  xvi.  40. 

The  same  formalities  almost  were  observed  in  summoning 
and  holding  the  Comitia  Tributa  as  in  the  other  comitia^ 
only  it  was  not  requisite  for  them  to  have  the  authority  of  the 
senate,  or  that  the  auspices  should  be  taken.  But  if  there 
liad  been  thunder  or  lightning,  {si  tonuisset  autfulgurasset,) 
they  could  not  be  held  that  day.  For  it  was  a  constant  rule 
from  the  beginning  of  the  republic,  Jove  tulgente,  cum 
popuLo  AGi  NEFAS  ESSE,  Cic,  in  Fatith  8.  Comitiorum  so<' 
lum  vitmm  estfiilmen^  Id.  de  Div.  ii.  18. 

The  Comitia  Tributa  for  electing  magistrates,  after  the 
year  598,  were  held  about  the  end  of  July  or  the  beginning 
cf  August ;  for  electing  priests,  when  there  was  a  vacanc}^  . 
,^nd  for  laws  and  trials,  on  all  comitial  days. 


i08  ROMAN  ANTIQUITIES. 

Julius  Csesar  first  abridged  the  liberty  of  the  comitia.  He 
shared  the  right  of  creating  magistrates  with  the  people ;  sa 
that,  except  the  competitors  for  the  consulship,  whose  choice 
he  solely  determined  himself,  the  people  chose  one  half,  and 
he  nominated  iedSat)  the  other.  This  he  did  by  billets  dis- 
persed through  the  several  tribes  to  this  effect,  Caesar  Dic- 
tator ILLI  TRIBUI.  CoMMENDO  VOBIS  ILLUM,  ET  IL- 
LUM,    UT  VESTRO  SUFFRAGIO    SUAM   DIGNITATEM    TE- 

NEANT,  Stcet.  des.  41. 

Augustus  restored  this  manner  of  election  after  it  had  been 
dropped  for  some  time  during  the  civil  wars,  which  follow- 
ed Cassar's  death,  Suet.  Aug.  40.  Bio.  liii.  21. 

Tiberius  deprived  the  people  altogether  of  the  right  of 
election,  Juvenal,  x.  77.  and  assuming  the  nomination  of  the 
consuls  to  himself,  Ovid.  Pont.  iv.  9.  67.  he  pretended  to 
refer  the  choice  of  the  other  magistrates  to  the  Senate,  but 
in  fact  determined  the  whole  according  to  his  own  pleasure. 
Tacit.  A?i7i.  i.  15.  Dio.  Cass.  Iviii.  20.  Caligula  attempted 
to  restore  the  right  of  voting  to  the  people,  but  without  any 
permanent  effect.  Suet.  Calig,  16.  The  comitia,  however, 
were  still  for  form's  sake  retained.  And  the  magistrates, 
whether  nominated  by  the  senate  or  the  prince,  appeared  in 
the  Campus  Martius,  attended  by  their  friends  and  connec- 
tions, and  were  appointed  to  their  office  by  the  people  with 
the  usual  solemnities,  Plin.  Paneg.  63. 

But  the  method  of  appointing  magistrates  under  the  Em- 
perors, seems  to  be  involved  in  uncertainty,  Suet,  des^  40. 
76.  80.  Aug.  40.  B6.  JVer.  43.  Fit.  11.  Fesp.  5.  Dom.  10. 
Tac.Ann.  1. 15.  Hist.  i.  77,  as  indeed  Tacitus  himself  acknow- 
ledges, particularly  with  respect  to  the  consuls,  Annal.  i.  81. 
Sometimes,  especially  under  good  emperors,  the  same  free- 
dom of  canvassing  was  allowed,  and  the  same  arts  practised 
to  ensure  success  as  under  the  republic,  Plin.  Ep.  vi.  6.  9. 
viii.  23.  Trajan  restrained  the  infamous  largesses  of  candi- 
dates by  a  law  against  bribery,  {ambitus  lege) ;  and  by 
ordaining,  that  no  one  should  be  admitted  to  sue  for  an  office, 
who  had  not  a  third  part  of  his  fortune  in  land,  which  greatly 
raised  the  value  of  estates  in  Italy,  Id.  vi.  1 9.  Wlien  the  right 
of  creating  magistrates  was  transferred  to  the  senate,  it  at  first 
jippointed  tliem  by  open  votes,  {apertis  suffragiis)^  but  the 


Roman  Magistrates,  ^c.  109 

noise  and  disorder,  which  this  sometimes  occasioned,  made 
the  senate,  in  the  time  of  Trajan,  adopt  the  method  of  ballot- 
ing, iad  tocita  sujfragia  decurrere),  Plin.  Ep.  iii.  20.  which 
also  was  found  to  be  attended  with  inconveniences,  which 
Pliny  says,  the  Emperor  alone  could  remedy.  Id.  iv.  25. 
Augustus  followed  the  mode  of  Julius  C?esar  at  the  Comitia^ 
Dio.  liii.  21.  although  Maecenas,  whose  counsel  he  chiefly 
followed,  advised  him  to  take  this  power  altogether  from 
the  people,  Dio.  Iii.  30.  As  often  as  he  attended  at  the  elec- 
tion of  magistrates,  he  went  round  the  tribes,  with  the  candi- 
dates whom  he  recommended,  {ctim  siiis  candidatis),  and  so- 
licited the  votes  of  the  people  in  the  usual  manner.  He  him- 
self gave  his  vote  in  his  own  tribe,  as  any  other  citizen, 
{ut  unus  e  populo),  Suet.  Aug.  56. 

ROMAN  MAGISTRATES. 

Different  forms  of  Government^  and  different 

3Iagistrales  at  dffercnt  times. 

ROME  was  at  first  governed  by  kings  ;  but  Tarquin, 
the  7th  king,  being  expelled  for  his  tyranny,  A.  U.  244, 
the  regal  goverment  was  abolished,  and  two  supreme  magis- 
trates were  annually  created  in  place  of  a  king,  called  CON- 
SULS. In  dangerous  conjunctures,  a  DICTATOR  was 
created  with  absolute  authority  :  and  when  there  was  a  va- 
cancy of  magistrates,  an  INTERREX  was  appointed  to 
elect  new  ones. 

In  the  year  of  the  city  301,  Ltv.  iii.  33.  or  according  to 
others,  302,  in  place  of  consuls,  ten  men  (DECEMVIRI) 
were  chosen  to  draw  up  a  body  of  laws,  (ad  leges  sc?ibe?i- 
das).  But  their  power  lasted  only  two  years  ;  and  the  con- 
sular government  was  again  restored. 

As  the  consuls  were  at  first  chosen  onlj?-  from  the  patri- 
cians, and  the  plebeians  wished  to  partake  of  that  dignity  ; 
after  great  contests  it  was  at  last  determined,  A.  U.  310, 
that  instead  of  consuls,  six  supreme  magistrates  should  be 
annually  created,  three  from  the  patricians,  and  three  from 
the  plebeians,  who  were  called  MILITARY  TRIBUNES, 
iJribuni  militum  constdari potestate)^  Dionys.  xi.  60.  There 
were  not,  however,  always  six  tribunes  chosen  ;  sometimes 


110  ROMAN  ANTIQUITIES. 

only  three,  Liv.  iv.  6.  16.  25.  and  42.  sometimes  four,  ib, 
31.  "^tS.  &  44.  and  sometimes  even  eight.  Id.  v.  1.  Nor  was 
one  half  always  chosen  from  the  patricians  and  the  other 
half  from  the  plebeians.  They  were,  on  the  contrary,  usual- 
ly all  patricians,  Id.  iv.  25.  44.  56,  &c.  seldom  the  contrary, 
Liv.  V.  12,  13.  18.  vi.  30.  For  upwards  of  seventy  years, 
sometimes  consuls  were  created,  and  sometimes  military 
tribunes,  as  the  influence  of  the  patricians  or  plebeians  was 
superior,  or  the  public  exigencies  required  ;  till  at  last  the 
plebeians  prevailed,  A.  U.  387,  that  one  of  the  consuls 
should  be  chosen  from  their  order,  and  afterwards  that  both 
consuls  might  be  plebeians  ;  which  however  was  rarely  <^he 
case,  but  the  contrary.  From  this  time  the  supreme  pow- 
er remained  in  the  hands  of  the  consuls  till  the  usurpation  of 
Sylla,  A.  U.  672,  who  having  vanquished  the  party  of  Ma- 
rius,  assumed  to  himself  absolute  authority,  under  the  title 
of  Dictator .^  an  office  which  had  been  disused  above  120 
years.  But  Sylla  having  voluntarily  resigned  his  power  in 
less  than  three  years,  the  consular  authority  was  again  res- 
tored, and  continued  till  Julius  Caesar,  having  defeated  Pom- 
pey  at  the  battle  of  Pharsalia,  and  having  subdued  the  rest 
of  his  opponents,  in  imitation  of  Sylla,  caused  himself  to  be 
created  perpetual  dictator,  and  oppressed  the  liberty  of  his 
country,  A.  U.  706.  After  this  the  consular  authority  was 
never  again  completely  restored.  It  was  indeed  attempted, 
after  the  murder  of  Caesar  in  the  senate-house  on  the  ides 
of  March,  A.  U.  710,  by  Brutus  and  Cassiusand  the  other 
conspirators  ;  but  M.  Antonius,  who  desired  to  rule  in 
Caesar's  room,  prevented  it.  And  Hirtius  and  Pansa,  the 
consuls  of  the  following  year,  being  slain  at  Mutina,  Octa- 
vius,  who  was  afterwards  called  Augustus,  with  Antony, 
and  Lepidus,  shared  between  them  the  provinces  of  the  re- 
public, and  exercised  absolute  power  under  the  title  of 
TRIUMVIRI  reipublic(S  constituendce . 

The  combination  between  Pompey,  Caesar,  and  Crassus, 
commonly  called  \}^t  first  triumvirate^  which  was  fonned  by 
the  contrivance  of  Cresar,  in  the  consulship  of  Metellus  and 
Afranius,  A.  U.  693,  Vdl  Pat,  ii.  44.  Horat.  Od.  ii.  1.  is 
justly  reckoned  the  original  cause  of  this  revolution,  and  of 
all  the  calamities  attending  it.    For  the  Romans  by  submits 


Roman  Magistrates,  ^c.  111 

ting  to  their  usurped  authority,  shewed  tliat  they  were  pre- 
pared for  servitude.  It  is  the  spirit  of  a  nation  alone  svhich 
€an  preserve  hberty.  When  tliat  is  sunk  by  general  cor- 
ruption of  morals,  laws  are  but  feeble  restraints  against  the 
encroachments  of  power.  Julius  Ca-sar  would  never  have 
attempted  what  he  effected,  if  he  had  not  perceived  the  cha- 
racter of  the  Roman  people  to  be  favourable  to  his  designs. 

After  the  overthrow  of  Brutus  and  Cassius  at  the  battle  of 
Philippi,  A.  U.  712,  Augustus  on  a  slight  pretext  deprived 
Lepidus  of  his  command,  and  having  vanquished  Antony  in 
a  sea-fight  at  Actium,  became  sole  master  of  the  Roman  em- 
pire, A.  U.  723,  and  ruled  it  for  many  years,  under  the  title 
of  PRINCE  or  EMPEROR,  {Princeps,  vel  Imperator). 
The  liberty  of  Rome  was  now  entirely  extinguished  ;  and 
although  Augustus  endeavoured  to  establish  a  civil  monar- 
chy, the  government  perpetually  tended  to  a  military  despo- 
tism, equally  fatal  to  the  characters  and  happiness  of  prince 
and  people* 

In  the  beginning  of  the  republic,  the  consuls  seem  to  have 
been  the  only  stated  magistrates,  Liv.  iv.  4. ;  but  as  they, 
being  engaged  almost  in  continual  wars,  could  not  properly 
attend  to  civil  affairs,  various  other  magistrates  were  ap- 
pointed at  different  times,  praetors,  censors,  fediles,  tribunes 
of  the  commons,  &c.  ib.  Under  the  emperors  various  new 
magistrates  were  instituted. 

OF  MAGISTRATES  IN  GENERAL. 

A  Magistrate  is  a  person  invested  with  public  authority. 
•^^  {Magistratus  est,  qui  prcesit^  Cic.  de  Legg.  iii.  1.  Dici- 
tur  magistratus  a  magistro.  Magister  autem  est,  qui  pius 
aliis  potest,  Festus). 

The  office  of  a  magistrate  in  the  Roman  republic  was  dif- 
ferent from  what  it  is  among  us.  The  Romans  had  not  the 
same  discrimination  betwixt  public  employments  that  we 
have.  The  same  person  might  regulate  the  police  of  the  ci- 
ty, and  direct  the  affairs  of  the  empire,  propose  laws,  and 
execute  them,  act  as  a  judge  or  a  priest,  and  command  an 
army,  Liv.  x.  29.  et  alibi  passim.  The  civil  authority  of  a 
magistrate  was  called  magistratus  or  potestas  ;  his  judicative 
power  jurisdictio',  and  his  military  command  impermm. 


lU  KOMAN  ANTIQUITIES. 

Anciently  all  magistrates  who  had  the  command  of  an  army 
were  called  PRi3i,TORES  ;  (velquod  ccsteros pr^irent,  vd 
quod  aliis  pr^sessent^  Ascon.  in  Cic.) 

M  AGISTRATUS  either  signifies  a  magistrate;  as,  Ma- 
gistratus  jussit :  or  a  magistracy  ;  as,  Titio  inagistratus 
datusest,  Festus.  SoPOTESTAS;  2iS^  Habere  potesta- 
tem^  gerere  potestates.,  esse  in  v.  cum  potestate,  to  bear  an 
office  ;  Gabioriim  esse  potestasy  to  be  a  magistrate  of  Gabii, 
Juvenal,  x.  99.  Jurisdictionem  tantum  in  iirbe  delegari  ma- 
gistratibus  solitam^  etiam  per  provincias,  Potestatibus 
demandavity  Suet.  Claud.  24.  Magistratus  was  properly 
a  civil  magistrate  or  magistracy  in  the  city  ;  and  Potestas 
in  the  provinces  :  (Magistratus^  vel  iis,  qui  in  potestate  ah- 
^uasit,  ut  piita  proconsulyVel prcfftor^vel  aliiy  qui  provincias 
regunty  Ulpian).  But  this  distinction  is  not  always  observ- 
ed, Sallust.  Jug.  63. 

When  a  magistrate  was  invested  with  military  command 
by  the  people,  for  the  people  only  could  do  it,  he  was  said 
esse  in  v.  cum  imperio^  in  justo,  v.  summo  imperio.  {Cum 
imperio  esse  dicitur^  cui  nominatim  est  a  populo  mandatum 
imperium,  Festus).  Thus,  Abstinientiam  neque  in  imperiis, 
7ieque  in  magistratibus  pr^vstitit^  i.  e.  neque  cum  exercitui 
prceesset  ^  jus  belli  gerendihaberet^  neque  cum  ?n:inera  civi- 
lia  in  urbe  gereret^  Suet.  Cass.  54.  Nemine  cum  imperio  (mi. 
litary  command)  aut  magistratu  (civil  authority),  tendenie 
quoquam^  quin  Rhodum  diverteret^  Id.  Tib.  12.  So  magis- 
tratus ^  imperia  capere^  to  enjoy  offices  civil  and  military. 
Id.  C(es.  75.  But  we  find  Esse  in  imperio^  simpiy  for  Esse 
consulem,  Liv.  iv.  7.  and  all  tliose  magistrates  were  said  Ha- 
bere imperium^  who  held  great  authority  and  power,  (qui  et 
coercere  aliquempossefif,  etjubere incarcerem  duci,  Paull.  1. 
2.  ff.  de  in  jus  vocando),  as  the  dictators,  consuls,  and  prre- 
tors.  Hence  they  were  said  to  do  any  thing  pro  imperio^  Liv. 
ii.  56.  to  which  Terence  alludes,  Fhorm.  i.  4.  19.  whereas 
the  inferior  magistrates,  the  tribunes  of  the  commons,  the 
sediles,  and  qusestors,  were  said  esse  sine  imperio,  and  to  act 
only  pro  potestate,  Liv.  ii.  56.  iv.  26.  Sometimes /jo^w^c* 
and  imperium  are  joined ;  thus,  Togatus  in  republica  cum 
potestate  imperioque  versatus  est,  Cic.  Phil.  i.  7. 


Division  o/" Magistrates,  113 

DIVISION  OF  MAGISTRATES. 

T HF.  Rom£in  magutrafes  were  variously  divided  ;  into 
oi'dinarr/  and  extraordinary,  greater  and  less,  curide 
and  not  curule  ;  -Aso  patrician  and  plebeian,  city  and  proviu'^ 
ciut  magistrates. 

The  MAGISTRATUS  ORDINARII  were  those  who 
were  created  at  stated  times,  and  were  constantly  in  the  re-, 
public ;  the  EXTRAORDINARIl  not  so. 

The  MAGISTRATUS  MAJORES  were  those  who 
had  what  were  called  the  greater  auspices,  {quce  minoribus 
inagis  rata  essent,  Gell.  xiii.  15  J.  The  magistratus  majores 
ordinarii  were  the  consuls,  praetors,  and  censors,  who  were 
a'eated  at  the  Comitia  Centuriata.  The  extraordinafii  were 
the  dictator,  the  master  of  the  horse,  (magister  equitum),  the 
interrex,  the  prefect  of  the  city,  &c. 

The  xMAGISTRATUS  MINORES  ORDINARII 
were  the  tribunes  of  the  commons,  the  rediles,  and  quses- 
tors  :  EXTRAORDINARIl,  the  prcefectus  annoncs,  dtu 
umviri  navales,  &c. 

The  MAGISTRATUS  CURULES  were  those  who 
had  the  right  of  using  the  sella  curulis  or  chair  of  state,  name. 
ly,  the  dictator,  the  consuls,  praetors,  censors,  and  curule 
sediles.  All  the  rest,  who  had  not  that  right,  were  called  NON 
CURULES.  ( Curule s  magistratus  appellati  sunt,  quia 
curru  vehebantur^  Festus  ;  In  quo  curru  sella  curulis  erat^ 
supra  quam  considerent,  Gell.  iii.  18 J.  The  sella  curulis 
was  anciently  made  of  ivorj'^,  or  at  least  adorned  with  ivory; 
hence  Horace  calls  it,  curule  ebur,  Ep.  i.  6.  53.  The  magis- 
trates sat  on  it  in  their  tribunal  on  all  solemn  occasions. 

In  the  beginning  oftlierepublic,  the  magistrates  were  cho- 
sen only  from  the  patricians,  but  in  process  of  time  also  from 
the  plebeians,  except  the  interrex  alone,  (quem  et  ipsum 
patricium  esse,  et  a  patriciis  prodi  necesse  erat,  Cic.  pro  Do- 
mo,  14).  The  plebeian  magistrates  were  the  sediles  and  tri- 
bunes of  the  commons. 

Anciently  there  was  no  certain  age  fixed  for  enjoying  the 
different  offices,  Cic.  Phil.  v.  17.  A  law  was  first  made  for 
this  purpose  rLEX  ANNALIS)  by  L.  Villius,  or  (L.  Ju^ 
iiusjj  a  tribune  of  the  commons,  A.  U.  573,  whence  his  fa 

R 


114  ROMAN  ANTIQUITIES. 

mily  got  the  sirname  of  an n  ales,  Liv.  xl.  43,  althougla  ^ 
there  seems  to  have  been  some  regulation  about  that  matter 
formerly,  Id.  xxv.  2.  What  was  the  year  fixed  for  enjoying 
each  office  is  not  fully  ascertained.  See  p.  4.  It  is  certain  that 
the  prsetorship  used  to  be  enjoyed  two  years  after  the  sedile- 
ship,  Cic.  Famil.  x.  25.  and  that  the  43d  was  the  year  fixed 
for  the  consulship,  Cic.  Phil.  v.  17.  If  we  are  to  judge  from 
Cicero,  who  frequently  boasts  that  he  had  enjoyed  every  of- 
fice  in  its  proper  year,  (se  suo  quemque  magistratum  anno 
gessisse),  the  years  appointed  for  the  different  offices  by  the 
lex  villa  were,  for  the  quaestorship  thirty-one,  for  the  aedile- 
ship  thirty  seven,  for  the  praetorship  forty,  and  for  the  con- 
sulship forty-three.  But  even  under  the  republic  popular 
citizens  were  freed  from  these  restrictions,  ibid,  and  the 
emperors  granted  that  indulgence  (annos  remittebant)  to 
whomsoever  they  pleased,  Pli?i.  Ep.  vii.  16.  or  the  senate 
to  gratify  them,  i)?o.  liii.-28.  The  lex  annalis,  however, 
•was  still  observed,  Flin.  Ep.  iii.  20. 

It  was  ordained  by  the  law  of  Romulus,  that  no  one  should 
enter  on  any  office,  imless  the  birds  should  give  favourable 
omens;  and  by  the  CORNELIAN  LAW,  made  by  Sy  11a, 
A.  U.  673,  that  a  certain  order  should  be  observed  in  ob- 
taining preferments ;  that  no  one  should  be  praetor  before 
being  quaestor,  nor  consul  before  being  praetor ;  nor  should 
enjoy  the  same  office  within  ten  years,  nor  two  different  of- 
fices in  the  same  year,  Appian.  de  Bell.  Civ.  i.  p.  412.  Liv, 
xxxii.  7.  Cic.  Phil.  xi.  5.  Liv.  vii.  40.  But  these  regula- 
tions also  were  not  strictly  observed. 

All  magistrates  were  obliged,  within  five  days  after  enter- 
ing on  their  office,  to  swear  that  they  would  observe  the  laws, 
(in  leges  jurare)^  Liv.  xxxi.  5.  ;  and  after  the  expiration 
of  their  office,  they  might  be  brought  to  a  trial  if  they  had 
done  any  thing  amiss,  Liv.  xxxvii.  57.  Suet.  Jul.  2Z. 

KINGS. 

Xl  OME  was  at  first  governed  by  kings,  not  of  absolute 
-*-*^  power  nor  hereditary,  but  limited  and  elective.  They 
liad  no  legislative  authority,  and  could  neither  make  war  nor 
peace  without  the  concurrence  of  the  senate  and  people, 
Dionys,  ii.  13.  Sallust.  Catilm,  6o 


Kings.  115 

The  kings  of  Rome  were  also  priests,  and  had  the  chief 
direction  of  sacrtd  things,  Dionys.  ii.  14.  as  among  the 
Greeks.   Fir^.  jEn.  iii.  80.  Cic.  Dtvin.  i.  40. 

The  badges  of  the  kings  were  the  'i'rabea,  i.  e.  a  white  robe 
adorned  with  stripes  of  purple,  or  the  toga  pra'texta,  a  white 
robe  fringed  with  purple,  a  golden  crown,  an  ivony  seep  trey 
the  sella  curulis,  and  twelve  lictors,  >vith  the  fasces  and  secu- 
res, i.  e.  carrying  each  of  them  a  bundle  of  rods,  with  an  axe 
stuck  in  the  middle  of  them. 

The  badges  of  the  Roman  magistrates  were  borrowed  from 
■the  Tuscans,  Liv.  i.  8.  Flor.  i.  5.  Sail.  Cat.  SI.  Jin.  Dionys. 
iii.  61.  Strab.  \.  p.  220. 

According  to  Pliny,  Romulus  used  only  the  trabea.  The 
toga  prcetexta  was  introduced  by  Tullus  Hostilius,  and  also 
the  latus  clavtis,  after  he  had  conquered  the  Tuscans,  Plin. 
ix.  39.  s.  63.  viii.  48.  s.  74. 

The  regal  government  subsisted  at  Rome  for  243  years 
under  seven  kings,  Romulus,  JSuma  Pompilius,  Tulhus  Hos* 
tilius,  Ancus  Marcius^  L.  Tarquinius  Priscus.  Servius  Tul- 
lius,  and  L.  Tarquinius,  sirnamed  SUPERBUS  from  his 
behaviour ;  all  of  whom,  except  the  last,  so  reigned,  that  they 
are  justly  thought  to  have  laid  the  foundations  of  the  Roman 
greatness,  Liv.  ii.  1.  Tarquin  being  universally  detested  for 
his  tyranny  and  cruelty,  was  expelled  the  city  with  his  wife 
and  family,  on  account  of  the  violence  offered  by  his  son 
Sextus  to  Lucretia,  a  noble  lady,  the  wife  of  Collatinus. 
This  revolution  was  brought  about  chiefly  by  means  of  L. 
Junius  Brutus. 

The  haughtiness  and  cruelty  of  Tarquin  inspired  the  Ro- 
mans with  the  greatest  aversion  to  regal  government,  which 
they  retained  ever  afterwards.  Hence  regie  facere,  to  act 
tyrannically,  regii  spiritus,  regia  superbia,  &c. 

The  next  in  rank  to  the  king  was  the  TRIBUNUS,  or 
PRiEFECTUS  CELERUM,  who  commanded  the  horse 
under  the  king,  as  afterwards  the  magister  equitum  did  under 
the  dictator. 

When  there  was  a  vacancy  in  the  throne,  (INTERREG- 
NUM),  which  happened  for  a  whole  year  after  the  dea'h  of 
Romulus,  on  account  of  a  dispute  between  the  Romans  ynd 
Sabines,  about  the  choice  of  a  successor  to  him,  the  senators 


US-  ROMAN  ANTIQUITIES. 

shared  the  government  among  themselves.  They  appointed 
one  of  their  number,  v  ho  should  have  the  chief  direction  of 
aifairs,  with  the  title  of  INTERREX,  and  all  the  ensigns  of 
royal  dignity  for  the  space  of  five  days  ;  after  him  another, 
and  then  another,  till  a  king  was  created,  Liv.  i.  17.  Dionys. 
ii.57. 

Afterwards  under  the  republic  an  interrex  was  created  to 
hold  the  elections  when  there  were  no  consuls  nor  dictator, 
Liv.  iii.  55.  which  happened  either  by  their  sudden  death,  or 
when  the  tribunes  of  the  commons  hindered  the  elections 
by  their  intercession,  Liv.  vi.  35. 

ORDINARY  MAGISTRATES. 
I.  CONSULS. 

1.  The  Jirst  Creation^  different  namesj  and  badges  of 

CONSULS. 

AFTER  the  expulsion  of  the  kings,  A.  U.  244,  two  su- 
preme magistrates  were  annually  created  with  equal 
authority ;  that  they  might  restrain  each  other,  and  not  be- 
come insolent  by  the  length  of  their  command,  Cic.  post 
red.  in  Sen*  4.  Eiitrop,  i.  9. 

They  were  anciently  called  PRiETORES,  Liv,  iii.  55, 
Festus ;  also  Imperatores,  Sallust.  Ca?.6.or JUDICES, 
VarrodeLat.  Ling.  v.  7.  Liv.  iii.  55.  afterwards  CONSU- 
LES,  either  from  their  consulting  for  the  good  of  the  state, 
(c  considendo  reipubMc^),  ¥\or  i.  9.  or  from  consulting  the  se- 
nate, (a  consulendo  senatiim),  CicdeLegg.  iii.  3.  and  people, 
Farr,  L.  L.  iv.  14.  or  from  their  acting  as  judges,  (ajudi- 
cando),  Quinctilian.  i.  9.  From  their  possessing  supreme 
command  the  Greeks  called  them°rnATOi. 

if  one  of  the  consuls  died,  another  was  substituted  {siibro- 
gatus  vel  suffectus  est\  in  his  room  for  the  rest  of  the  year  ; 
but  he  could  not  hold  the  comitia  for  electing  new  consuls, 
Liv.  xli.  18. 

The  insignia  of  the  consuls  were  the  same  with  those  of 
the  kings,  except  the  crown  ;  namely,  the  toga  pnctexta, 
sella  curulis,  die  sceptre  or  ivory  staff,  {scipio  eburneus),  and 
twelve  lictors  with  thejasces  and  secures. 

Within  the  city  the  lictors  went  before  only  one  of  the  con- 
suls, Liv.  ii,  1.  and  that  commonly  for  a  month  alternately 


Consuls.  117 

mensibus  alternis).  A  public  scrvcuit  called  acccnsus^  v/cnt 
before  the  other  consul,  and  the  lictors  followed  ;  which  cus- 
tom, after  it  had  been  long  disused,  Julius  Caesar  restored 
in  his  first  consulship,  Suet.  Jul.  20.  He  who  was  eldest, 
or  had  most  children,  or  who  was  first  elected,  or  had  most 
suffrages,  had  the/^^r^'^  first,  GelL  ii.  15.  Liv.  ix.  8.  Ac- 
cording to  Dionysius  the  lictors  at  first  went  before  both 
consuls^  and  were  restricted  to  one  of  them  bj'  the  law  of 
Valerius  Poplicola,  lib.  v.  2.  We  read  in  Livy,  of  24  lictors 
attending  the  consuls,  ii.  55.  but  this  must  be  understood 
without  the  citj^ 

2.  The  Power  of  the  CONSULS. 

As  the  consuls  at  first  had  almost  the  same  badges  with 
the  kings,  so  they  had  nearly  the  same  power,  LiV'  ii.  1. 
But  Valerius,  called  POPLICOLA,  (« populo  colemh)^ 
took  away  the  sccuris  from  the  fasces,  {securim  fascibus 
ademit),  i.  e.  he  took  from  the  consuls  the  power  of  life  and 
death,  and  only  left  them  the  right  of  scourging,  at  least  with- 
in  the  city,  Dionys.  v.  19.  for  without  the  city,  when  invest- 
ed with  military  command,  they  still  retained  the  securis, 
i.  e.  the  right  of  punishing  capitally,  Liv.  xxiv.  9.  Dionys.  v. 
59. 

When  the  consuls  commanded  different  armies,  each  of 
them  had  Xht  fasces  and  secures  ;  but  when  they  both  com- 
manded the  same  armj%  they  commonly  had  them  for  a 
day  alternately,  {alternis  i7nperitabanf),  Liv.  xxii.  41. 

Poplicola  likewise  made  a  la'w,  granting  every  one  the  li- 
berty of  appealing  from  the  consuls  to  the  people  ;  and  that 
no  magistrate  should  be  permitted  to  punish  a  Roman  citi- 
zen who  thus  appealed,  Liv.  ii.  8.  which  law  was  after- 
wards once  and  again  renewed,  and  always  by  persons  of 
Valerian  family, /(/.  iii.  55.  x.  9.  But  this  privilege  was  al- 
so enjoyed  under  the  kings,  JLiv.  i.  26.  y'ui.  35. 

Poplicola  likewise  ordained,  that  when  the  consuls  came 
into  an  assembly  of  the  people,  the  lictors  should  lower  the 
fasces  in  token  of  respect,  Liv.  ii.  7.  and  also  that  whoever 
usurped  an  ofiice  without  the  consent  of  the  people,  might 
be  slain  with  impunity,  Dionys.  v.  19.  But  the  power  of 
the  consuls  was  chiefly  diminished  by  the  creation  of  the 


118  ROMAN  ANTIQUITIES. 

tribunes  of  the  commons,  who  had  a  right  to  give  a  nega- 
tive to  all  their  proceedings,  {omnibus  actis  intercedere). 
Still,  however,  the  power  of  the  consuls  was  very  great :  and 
the  consulship  was  considered  as  the  summit  of  all  po- 
pular preferment,  (Aowor«W2  populijinis), C'lC.  pro  Plane.  25. 

The  consuls  were  at  the  head  of  the  whole  republic,  Cic* 
firoMur.55.  All  the  other  magistrates  were  subject  to  them 
except  the  tribunes  of  the  commons.  They  assembled  the 
people  and  the  senate,  laid  before  them  what  they  pleased, 
and  executed  their  decrees.  The  laws  which  they  proposed 
and  got  passed,  were  commonly  called  by  their  name. 
They  received  all  letters  from  the  governors  of  provinces, 
and  from  foreign  kings  and  states,  and  gave  audience  to  am- 
bassadors. The  year  was  named  after  them,  as  it  used  to 
be  at  Athens  from  one  of  the  Archons,  Cic.  de  Fat.  9. 
Thus,  M.  Tullio  Cicerone  et  L.  Antonio  Consulibus^  mark- 
ed the  690th  year  of  Rome.  Hence  numerare  multos  con- 
sules,  for  annos,  Sen.  Ep.  4.  Bis  jam  pane  tibi  consul  tri- 
gesimus  instate  You  are  near  sixty  years  old,  Martial,  i.  16. 
3.  And  the  consuls  were  said  Aperire  annum^  fastosque 
reserare^  Plin.  Pan.  58. 

He  who  had  most  suffrages  was  called  CONSUL  PRIOR, 
and  his  name  was  marked  first  in  the  calendar,  {in  fastis). 
He  also  had  the  fasces  first,  and  usually  presided  at  the  elec- 
tion of  magistrates  for  the  next  year. 

Every  body  went  out  of  the  way,  uncovered  their  heads, 
dismounted  from  horseback,  or  rose  up  to  the  consuls  as 
they  passed  by.  Sen.  Ep.  64.  If  any  one  failed  to  do  so, 
and  the  consul  took  notice  of  it,  he  was  said  to  order  the  lie- 
tor  ANIMADVERTERE,  Liv.  xxiv.  44.  Suet.  Jul.  80. 
Acilius  the  consul  ordered  the  curule  chair  of  Lucullus  the 
Prastor  to  be  broken  in  pieces,  when  he  was  administering 
justice,  because  he  had  not  risen  up  to  him,  when  passing 
by,  Dio.  xxxvi.  10.  &  24.  When  a  Praetor  happened  to 
meet  a  consul,  his  lictors  always  lowered  their  fasces,  Dio- 
7iys.  viii.  44. 

In  the  time  of  war  the  consuls  possessed  supreme  com- 
mand. They  levied  soldiers,  and  provided  what  was  ne- 
cessary for  their  support.  They  appointed  the  military 
tribunes,  or  tribunes  of  the  legions,  (in  part ;  for  part  were 


Consuls.  119 

ereated  bv  the  people.  See  Lex  Attilia),  tlie  centurions,  and 
other  officers,  Cic.  deLegiS^,  iii.  3.  Polyh.  vi.  34. 

The  consuls  had  command  over  the  provinces,  Cic.  Phil. 
iv.  4.  and  could,  when  authorized  by  the  seiv^te,  call  per- 
sons from  thence  to  Rome,  {Romam  evocare  excire,  v.  ac- 
cire),  and  punish  them,  Cic.  in  Ferr.  i.  33.  Lw.  iii.  4.  xxix. 
15.  They  were  of  so  great  authority,  that  kings,  and  for- 
eign nations,  in  alliance  with  the  repul:>lic,  were  considered 
to  be  under  their  protection,  Cic.  pro  Sext.  30. 

In  dangerous  coiijunctures  the  consuls  were  armed  with 
absolute  power  by  the  solemn  decree  of  the  senate,  Ut  vi- 
DERENT,  vel  Darent  operam,  is'c.  Liv.  iii.  4.  vi.  19. 
See  p.  24.  In  any  sudden  tumult  or  sedition,  the  consuls 
called  the  citizens  to  arms  in  this  form  :  Qui  rempubli- 

CAM  SALVAM  ESSE  VELIT,  ME  SEq_UATUR,    Cic.  pVO  Rtt- 

bir.  7.  Tusc.  Qurest.  iv.  23. 

Under  the  emperors  the  power  of  the  consuls  was  reduced 
to  a  mere  shadow  :  their  office  was  then  only  to  consult  the 
senate,  and  lay  before  them  the  ordinances  (placitd)  of  the 
emperors,  to  appoint  tutors,  to  manumit  slaves,  to  let  the 
public  taxes,  which  had  formerly  belonged  to  the  censors, 
Ovid.  Pont.  iv.  5.  18.  zs*  Ep.  ix.  47.  to  exhibit  certain  pub- 
lic games,  and  shovv^s,  which  they  also  sometimes  did  under 
the  republic,  Cic.  Off.  ii.  17.  to  mark  the  year  by  their  name, 
&c.  They  retained,  however,  the  badges  of  the  ancient  con- 
suls, and  even  greater  external  pomp.  For  they  wore  the 
toga  picta  or  palmata,  and  had  their  fasces  wreathed  with 
laurel,  which  used  formerly  to  be  done  only  by  those  who 
triumphed.    They  also  added  the  securis  to  the  fasces. 

3.  The  day  on  which  the  CONSULS  entered  on  their  Office. 

In  the  beginning  of  the  republic  the  consuls  entered  on 
their  office  at  different  times  ;  at  first  on  the  23d  or  24th 
February,  (VII.  vel  VI.  Kal.  Mart.)  the  day  on  which  Tar- 
quin  was  said  to  have  been  expelled,  Ovid.  Fast.  ii.  685, 
which  was  held  as  a  festival,  and  called  REGIFUGIUM, 
Festus:  afterwards  on  the  first  of  August,  (A'a/.  Sext.)  which 
was  at  that  time  the  beginning  of  the  year,  (i.  e.  of  the  con- 
sular^ not  of  the  czt^z/year,  which  always  began  with  Janua- 
ry), Liv,  iii.  6.  In  the  time  of  the  Decemviri^  on  the  15th  of 


120  ROMAN  ANTIQUITIES. 

May,  {Id.  Man),  Id.  :i6.  About  fifty  years  after,  on  the  IStia 
December,  {Id-  Decemb.)  Liv.  iv.  37.  v.  11.  Then  on  the 
first  of  July,  {Kal.  Qumctil.)  Liv.  v.  32.  viii.  20.  which  con- 
tinued till  near  the  beginning  of  the  second  Punic  war,  A.  U. 
530,  when  the  day  came  to  be  the  15th  March,  ild.  Mart.) 
At  last,  A.  U.  598,  or  600,  (Q.  Fulvio  £s?  T.  Annio  Coss.) 
it  was  transferred  to  the  first  of  January,  {in  KaL  Jan.)  which 
continued  to  be  the  day  ever  after,  (DIES  SOLENNIS 
magistratibus  ineundis).,  Liv.  Epit.  47.  Ovid.  Fast.  i.  81. 
iii.  147. 

After  this  the  consuls  were  usually  elected  about  the  end 
of  July  or  the  beginning  of  August.  From  their  election  to 
the  1st  of  January,  when  they  entered  on  their  office,  they 
were  called  CONSULES  DESIGNATI ;  and  whatever 
they  did  in  public  affairs,  they  were  said  to  dO'  it  by  their 
authority^  not  by  their j^ott/er;  {Quod -potest^te nondum pote-' 
rat,  obtinuit  auctoritate),  Cic.  in  Fis.  4.  Sext  32.  They 
might  however  propose  edicts,  and  do  several  other  things 
pertaining  to  their  office,  Dio.  xl.  66.  Among  other  honours 
paid  to  them,  they  were  always  first  asked  their  opinion  in 

the  Senate.  See  p.  12. The  interval  was  made  so  long, 

that  they  might  have  time  to  become  acquainted  with  what 
pertained  to  their  office  ;  and  that  enquiry  might  be  made, 
whether  tl"key  had  gained  their  election  by  bribery.  If  they 
were  convicted  of  that  crime  upon  trial,  they  were  deprived 
of  the  consulship,  and  their  competitors,  who  accused  them, 
were  nominated  in  their  place,  Cic.  pj'o  Syll.  17.  &  ^2, 
They  were  also,  besides  being  fined,  declared  incapable  of 
bearing  any  office,  or  of  coming  into  the  senate,  by  the  Cal- 
purnian  and  other  laws,  Cic.  pro  Cornel.  Muren.  23,  &c.  as 
happened  to  Autronius  and  Sylla,  SalL  Cat.  18.  Cicero 
made  the  punishment  of  bribery  still  more  severe  by  the 
TuUian  law,  which  he  passed  by  the  authority  of  the  senate, 
with  the  additional  penalty  of  a  ten  years'  exile,  pro  Mur. 
32.  in  Fatin.  15.  pro  Sext.  64. 

The  first  time  a  law  was  proposed  to  the  people  concern- 
ing bribery  was  A.  U.  397,  by  C.  Paetiliius,  a  tribune  of  the 
commons,  by  the  authority  of  the  senate,  {auctoribus  patri- 
bua  ;  ut  novoriim  maxime  hominum  ambitio,  qui  nundinas  et 
cancilittbula  obire  soliti  crant^  comprimeretur)^  Liv.  vii.  15. 


Consuls.  121 

On  the  first  of  January  the  senate  and  people  waited  on  the 
MC'.v  consuls  (sa/utabant),  at  their  houses,  (which  in  after 
times  was  called  OFFICIUM,  Flin.  Ep.  ix.  37.)  whence 
being  conducted  with  preat  pomp,  (which  was  called  PRO- 
CESSUS CONSULARIS),  to  thccapitol,  they  offered  up 
their  vo^vs,  (vota  nuncupabant),  and  sacrificed  each  of  them 
an  ox  to  Jupiter ;  and  then  began  their  oflice,  {miinns  suum 
auspicabantur)^  by  holding  the  senate,  consulting  it  about 
the  appointment  of  the  Latin  holidays,  and   about  other 
things  concerning  religion,  Ovid.  Pont.  iv.  4.  &  9.  Liv.xxu 
6S.  xxii.  1.  xxvi.  26.  Cic.  post  red.  ad  Quir.  5.  Bull.  ii.  34. 
Dio.  Fragm.  120.     Within  five  days  they  were  obliged  to 
swear  to  observe  the  laws,  Liv.  xxxi.  50.  as  they  had  done 
when  elected,  Plin,  Pan.  64.  65.   And  in  like  manner  when 
they  resigned  their  office,  they  assembled  the  people,  and 
made  a  speech  to  them  about  what  they  had  performed  in 
their  consulship,  and  swore  that  they  had  done  nothing  a- 
gainst  the  laws,  ibid.  But  any  one  of  the  tril^unes  might  hin- 
der them  from  making  a  speech,  and  only  permit  them  to 
swear,  as  the  tribune  Metellus  did  to  Cicero,  Dio.  xxxvii; 
38.  whereupon  Cicero  instantly  swore  with  a  loud  voice, 
that  he  had  saved  the  republic  and  the  city  from  ruin  :  which 
the  whole  Roman  people  confirmed  with  a  shout,  and  with 
one  voice  cried  out,  that  w^hat  he  had  sworn  was  true ;  and 
then  conducted  him  from  the  forum  to  his  house  with  eve- 
ry demonstration  of  respect,  Cic.  in.  Pis.  3.  Ep.  Fam.  v.  ^. 

4.  The  Provinces  of  the  CONSULS. 

During  the  first  days  of  their  office  the  consuls  cast  lots, 

or  agreed  among  themselves  about  their  provinces  ;  {pro- 

vincias  inter  se  sortiebantur .,  aut  parabant^  vel  comparabant: 

provincias  partiti  sunt),  Liv.  ii.  40.  iii.  10.  22,  57.  et  alibi 

passim. 
A  province  (PRO  VINCI  A),  in  its  general  acceptation, 

is  metaphorically  used  to  signify  the  office  or  business  of  any 
one,  whether  private  or  publfc  ;  thus,  0  Geta,  provinciam 
cepisti  duram,  Ter.  Phorm.  i.  2.  22.  So  Heaut.  iii.  2.  5. 
Before  the  Roman  empire  was  widely  extended,  the  pro- 
vince of  a  consul  was  simply  a  certain  charge  assigned  him ; 
as  a  war  to  be  carried  on,  &c.  or  a  certain  country  in  whic\:j 

S 


i22  ROMAN  ANTIQUITIES, 

he  was  to  act  during  his  consulship,  Liv.  ii.  40.  54.  58» 
iii.  10.  22.  25.  v.  32.  vii.  6.  12.  viii.  1.  29.  ix.  41.  x.  12. 
xxvi.  29.  xliii.  14.  &f  15.  Flor.  i.   11. 

Anciently  these  provinces  used  to  be  decreed  by  the  sen- 
ate after  the  consuls  were  electtd,  or  had  entered  on  their 
office,  Liv.  xxxli.  8.  xxxiii.  29.  et  alibi  passim.  Sometimes 
the  same  province  was  decreed  to  both  consuls,  Id.  x.  32. 
:xxxiv.  42.  xl.  1,  &c..  Thus  both  consuls  were  sent  against 
the  Samnites^  and  made  to  pass  under  the  yoke  by  Pontius, 
general  of  the  Samnites,  at  the  Fiirca  Caudin^^  Liv.  ix.  1, 
&c.  So  Paulus  iEmilius  and  Terentius  Varro  were  sent 
against  Hamiibal,  at  the  battle  of  Cannae,  Id.  xxii.  40.  8c 
xxv.  3.  xxvii.  22,  &.C. 

But  by  the  Sempronian  law,  passed  by  C.  Sempronius 
Gracchus,  A.  U.  631,  the  senate  always  decreed  two  pro- 
vinces for  the  future  consuls  before*  their  election,  Cic.  pro 
Dom.  9.  de  Prov.  Cons.  2.  Sail.  Jug.  27.  which  they,  after 
entering  on  their  office,  divided  by  lot  or  agreement,  (sorte 
vel  compai'atione  partiti  sunt) .  In  latter  times  the  province 
of  a  consul  was  some  conquered  country,  reduced  to  the 
form  of  a  province,  (see  p.  76.)  which  each  consul,  after  the 
expiration  of  his  office,  should  command  ;  for  during  the 
time  of  theif  consulship  they  usually  remained  in  the  city. 
Hence  Cicero  says.  Turn  bella  gerere  nostri  duces  incipiunt^ 
eum  ausptcia,  i.  e.  considatum  et  praturam^  posuerunt^  Nat. 
D.  ii.  3.  For  proprcctors  and  proconsuls  had  not  the  right  of 
taking  the  auspices,  {auspicia  non  hahebant)^  Cic.  Divin.  ii, 
36. 

The  provinces  decreed  to  the  consuls,  were  called  PRO- 
VINCLE  CONSUL-ARES;  to  the  pr5etors,  PRiETO- 
RliE. 

Sometimes  a  certain  province  was  assigned  to  some  one 
of  the  consuls  ;  as  Etruria  to  Fabius,  both  by  the  decree 
of  the  senate,  and  by  the  order  of  the  people,  Liv.  x.  24. 
Sicily  to  P.  Scipio,  xxviii.  35.  Greece,  and  the  war  against 
Antiochus,  to  L.  Scipio,  by  the  decree  of  the  senate.  Id. 
xxxA'ii.  1.  This  was  said  to  be  done  extra  ordinem,  extra 
mortem  vel  sine  sorte,  sine  comparatione,  Id.  iii.  2.  vi, 
SO,  £s?c. 

It  properly  belonged  to  the  senate  to  determine  the  pro- 
vinces of  the  consuls  and  praetors.    In  appointing  the  pro- 


Consuls.  123 

vmces  of  tlie  prrctors,  the  tribunes  itiight  Interpose  their  ne- 
gative, but  not  in  those  of  the  consuls,  Cic.  de  Prov.  Cons. 
8.    Sometimes  the  people  reversed  what  the  senate  had  de- 
creed concernin?^  tlie  provinces.     Thus  the  war  against  Ju- 
gurtha,  which  the  senate  had  decreed  to  Metellus,  was  giv- 
en by  the  people  to  Marius,  Sail.  Jug.  73.    And  tlie  at- 
tempt of  Marius,  by  means  of  the  tribune  Siilpicius,  to  get 
the  command  of  the  war  against  Mithridates  transferred 
from  Sylla  to  himself  by  the  suffrage  of  the  people,    ave  oc- 
casim  to  the  first  civil  war  at   Rnnie,  Plutarch,  in  Mar.  £sP 
Sj/ll.  Appian.  de  Btll.  Civ.  1.  and  in  fact  gave  both  the  oc- 
casion and  the  example  to  all  the  rest  that  followed.     So 
when  the  Senate,  to  mortify  Caesar,  had  decreed  as  provin- 
ces to  him  and  his  colleague  Bibulus,  the  care  of  the  woods 
and  roads,  Suet.  Jul.  19.  Caesar,  by  means  of  the  tribune 
Vatinius,  procured  from  the  people,  by  a  new  and  extraor- 
dinary law,  the  grant  of  Cisalpine  Gaul,   with  the  addition 
of  Illyricum,  for  the  term  of  five  years,  Ibid.  22.  Cic.  pro 
Dom.  9.  in  Fatin.  15.  and  soon  after  also  Transalpine  Gaul 
from  the  senate.  Suet.  ib.  Dio.  xxxviii.  8.  which  important 
command  was  afterwards  prolonged  to  him  for  other  five 
years  by  the  Trebonian  law,  Liv.  Epit.  105.  Cic.  de  Prov, 
Cons.  8.  Epist.  Fam.  i.  7.  (See  page  24.) 

No  one  was  allowed  to  leave  his  province  without  the 
permission  of  the  Senate,  Liv.  xxix.  19.  which  regulation, 
however,  was  sometimes  violated  upon  extraordinary  oc- 
casions, Liv.  X.  18.  xxrii.  43. 

If  any  one  had  behaved  improperly,  he  might  be  recalled 
from  his  province  by  tlic  senate  :  but  his  military  command 
could  only  be  abolished  iabrogari)  by  the  people,  Liv.  xxix. 
19. 

The  senate  might  order  the  consuls  to  exchange  their 
provinces,  Liv.  xxvi.  29.  and  even  force  them  to  resign  their 
command,  Id.  v.  32. 

Pompey  in  his  third  consulship,  to  check  bribery,  passed  a 
law  that  no  one  should  hold  a  province,  till  five  years  after 
the  expiration  of  his  magistracy,  Dio.  xl.  46.  and  that  for 
these  five  years,  while  the  consuls  and  praetors  were  disqua^ 
liiied,  the  senators  of  consular  and  prajtorian  rank,  vrlio  had 
jieverheld  any  foreign  command,  should  divide  the  ^■aca^i 


124  ROMAN  ANTIQUITIES'. 

provinces  among  themselves  by  lot.  By  which  law  the  go- 
vernment of  Cilicia  fell  to  Cicero  against  his  will,  Cic.  Ep. 
JFatn.  iii.  2.  Caesar  made  a  law,  that  the  praetorian  provin- 
ces should  not  be  held  longer  than  a  year,  nor  the  consular 
more  than  two  years.  But  this  law,  M'hich  is  much  praised 
by  Ciceroi  was  abrogated  by  Antony,  Cic  Phil.  i.  8. 

5.  From  what  Order  the  CONSULS  were  created. 

The  consuls  were  at  first  chosen  only  from  among  the  pa- 
tricians, but  afterwards  also  from  the  plebeians.     This  im- 
portant change,  although  in  reality  owmg  to  weightier  causes, 
was  immediately  occasioned  by  a  trifling  circumstance.  M. 
Fabius  Ambustus,  a  nobleman,  had  two  daughters,  the  elder 
of  whom   was  married  to  Sulpicius,  a  patrician,  and  the 
younger  to  C.  Licinius  Siolo,  a  plebeian.     While  the  latter 
was  one  day  visiting  her  sister,  the  lictor  of  Sulpicius,  wha 
was  then  military  tribune,  happened  to  strike  the  door  with 
his  rod,  as  was  usual  when  that  magistrate  returned  home 
from  the  forum.     The  younger  Fabia,  unacquainted  with 
that  custom,  was  frightened  at  the  noise,  which  made  her  sis- 
ter laugh,  and  express  surprise  at  her  ignorance.   This  stung 
her  to  the  quick  ;  and  upon  her  return  home  she  could  not 
conceal  her  uneasiness.   Her  father  seeing  her  dejected,  ask- 
ed her  if  all  wag  well ;  but  she  at  first  would  not  give  a  di- 
rect  answer  :  and  it  was  with  difficulty  he  at  last  drew  from 
her  a  confession,  that  she  was  chagrined  at  being  connected 
with  a  man  who  could  not  enjoy  the  same  honours  with  her 
sister's  husband.  For  although  it  had  been  ordamed  by  law, 
that  the  military  tribunes  should  be  created  promiscuously 
from  the  patricians  and  plebeians,  Liv.  iv.  6.  yet  for  forty- 
four  years  after  their  first  institution,  A.  U.  311.  to  A.  U. 
355.  no  one  plebeian  had  been  created,  Liv.  v.  12.  vi.  37. 
and  very  few  afterwards,  Liv,  v.  13.  18.  vi.  30.  Ambustus, 
therefore,  consoled  his  daughter  with  assurances,  that  she 
should  soon  see  the  same  honours  at  her  own  house,  which 
she  saw  at  her  sister's.    To  effect  this,  he  concerted  mea- 
sures with  his  son-in-law,  and  one  L.  Sextius,  a-  spirited 
young  man  of  plebeian  rank,  who  had  every  thing  but  birth 
to  entitle  him  to  the  highest  preferments. 

Licinius  and  Sextius  being  created  tribunes  of  the  com- 
mons, Liv,  vi.  Z5,  got  themselves  continued  in  that  office 


Consuls.  125 

for  ten  years,  ibid.  42.  for  five  years  they  suffered  no  cunilc 
magistrates  to  be  created,  iOid.  35.  and  at  last  prevailed  to 
get  one  of  the  consuls  created  from  among  the  plebeians, 
ibid.  42.  # 

L.  SEXTIUS  was  the  first  plebeian  consnl,  Liv.  vii.  1. 
and  the  second  year  after  him,  C.  Licinius  Stolo,  ibid.  2, 
from  whom  the  law  ordaining  one  of  the  consuls  to  be  a  ple- 
beian, was  called  LEX  LICINIA,  ?6zc^.  21.  Sometimes 
both  consuls  were  plebeians, /(/.  xxiii.  31.  which  was  early 
allowed  by  law,  vii.  42.  But  this  rarely  happened  ;  the  pa- 
tricians for  the  most  part  engrossed  that  honour,  jLiv.  vii, 
18.  19.  et  afidi  passim.  Sail.  Jug.  63.  Cic.  in  Ridl.  ii.  1.  The 
Latins  once  required,  that  one  of  the  consuls  should  be  cho- 
sen from  among  them,  Liv.  viii.  4.  &  5.  as  did  afterwards 
also  the  people  of  Capua,  Id.  x xxiii.  6.  but  both  these  de- 
mands were  rejected  with  disdain. 

The  first  foreigner,  who  obtained  the  consulship,  was 
Cornelius  Balbus,  Pirn.  viii.  43.  s.  44.  Fell.  ii.  51.  a  native 
of  Cadiz  ;  who  became  so  rich,  that  at  his  death,  he  left  each 
of  the  citizens  residing  at  Rome,  25  drachma ,  or  denarii,  i.  e, 
I65.  If/.  3(7-  sterling,  Dio.  xlviii.  32. 

6.  The  Legal  Age,  and  other  Requisites  for  enjoying  the 

Consulship. 

The  legal  age  for  enjoying  the  consulship  (^Etas  CON- 
SUL ARIS)  was  forty-three,  Czc.  Phil.  v.  17.  and  whoever 
was  made  consul  at  that  age,  was  said  to  be  made  in  his 
own  year,  {suo  anno),  Cic.  in  Hull.  ii.  2. 

Before  one  could  be  made  consul,  it  was  requisite  to  have 
gone  through  the  inferior  offices  of  quaestor,  asdile,  and  prae- 
tor. It  behoved  candidates  for  this  office  to  be  present,  and 
in  a  private  station,  (see  p.  91.) :  and  no  one  could  be  cre- 
ated consul  a  second  time  till  after  an  interval  often  years, 
Liv.  vii.  42.  x.  13. 

But  these  regulations  were  not  always  observed.  In  an- 
cient times  there  seem  to  have  been  no  restrictions  of  that  kind, 
and  even  after  they  were  made,  they  were  often  violated. 
Many  persons  were  created  consuls  in  their  absence,  and 
without  asking  it,  Cic,  Amic.  3.  and  several  below  the  legal 
age;  thus,  M.  Valerius  Corvus  at  twenty-three,  Liv.  vii.  26. 


126  ROMAN  ANTIQUITIES. 

Scipio  Africanus  the  elder,  at  twenty-eight,  Id.  xxv.  2. 
xxvi.  18.  xxviii.  38.  and  the  younger  at  thirty-eight,  Id. 
Mpit.  xlix.  T.  Quinctius  Flaminius,  when  not  quite  30, 
"iPlutarch.  Ponnpey,  before  he.  was  full  thirty-six  years  old 
{^E,x  S.  C-  legibus  solutiis  consul  ante  fiebat^  quam  uUum  ■ 
magistratum  per  leges  cap  ere  licuisset^  i.  e.  before  by  law  he 
could  be  made  asdile,  which  was  the  first  office  properly  call- 
ed Mdgistratus,  although  that  title  is  often  applied  also  to 
the  quaestorship  and  tribuneship,  Cic.  pro  leg.  Maml.  21.) 

To  some  the  consulship  was  continued  for  several  years 
without  intermission  ;  as  to  Marius,  Liv.  Epit,  67.  who  was 
seven  times  consul,  and  once  and  again  created  in  his  absence, 
ibid.  €t  68.  W  80.  Several  persons  were  made  consuls  with- 
out having  previously  borne  any  curule  office,  Liv  xxv.  42. 
xxxii.  7.  Dio.  xxxvi.  23.  Many  were  re-elected  within  a 
less  interval  than  of  ten  years,  Liv.  passim..  And  the  refu- 
sal of  the  senate  to  permit  Caesar  to  stand  candidate  in  his 
absence,  or  to  retain  his  province,  gave  occasion  to  the  ci- 
vil war  between  him  and  Pompey,  which  term.inated  in  the 
entire  extinction  of  liberty,  Cces.  de  bell.  civ.  i.  2.  ts?  3. 

7.  Alterationsin  the  Condition  of  the  CONSULS  ujider  the 

Emperors. 

Julius  Caesar  reduced  the  power  of  the  consuls  to  a 
mere  name.  Being  created  perpetual  dictator,  Suet.  76.  all 
the  other  magistrates  were  subject  to  him.  Although  the 
usual  form  of  electing  consuls  was  retained,  he  assumed  the 
nomination  of  them  entirely  to  himself,  C*ic.  Phil.  ii.  32.  Su- 
et. Jul.  41.  Ss?  76.  He  was  dictator  an4  consul  at  the  same 
time,  Dio.  xliii.  1.  as  Sylla  had  been  before  him  ;  but  he  re- 
signed the  consulship  when  he  thought  proper,  and  nomina- 
ted whom  he  chose  to  succeed  him.  When  about  to  set  out 
against  the  Parthians,  he  settled  the  succession  of  magistrates 
for  two  years  to  come,  iConsules  et  fribimos  plebis  in  bien- 
nium,  quos  voluit)  Cic.  Att.  xiv.  6.  Dio.  xliii.  51.  He  in- 
troduced a  custom  of  substituting  consuls  at  any  time,  for 
a  few  months  or  weeks  ;  sometimes  only  for  a  few  days,  or 
even  hours,  Lucan.  v.  397.  Suet.  Jul.  76.  Cic.  Fam.  vii. 
30.  Dio.  xliii.  'i^.  that  thus  the  prince  might  gratify  a  great- 
er number  with  honours.  Under  Commodus,  there  were 
twenty-five  consuls  in  one  year,  Lamprid.  6,   The  usual 


^Consuls.  127 

iiumber  in  a  year  was  twelve.  But  the  consuls  who  were  ad- 
mitted on  the  first  day  of  Jumiary,  gave  name  to  the  year, 
and  had  the  title  of  ORDINARIJ,  the  others  being  styled 
SUFFECTI,  or  Minores,  Dio.  xlviii.  35. 

The  consuls,  when  appointed  by  the  emperor,  Plin.  Ep, 
ix.  13.  did  not  use  any  canvassing,  but  went  through  almost 
the  same  formalities  in  other  respects  as  under  the  republic, 
riiji.  Pan.  63,  64,  65,  69,  77,  92.  In  the  first  meeting  of  the 
senate  after  their  election,  they  returned  thanks  to  the  empe- 
ror in  a  set  speech,  Plin.  Ep.  iii.  13,  18.  Paneg.  2,  90,  91, 
93.  when  it  was  customary  to  expatiate  on  his  virtues ;  which 
was  called  HoNORE,.i;d'/iN  honorum  principis  cense- 
RE,  Id.  Pan,  54.  because  they  delivered  this  speech,  when 
they  were  first  asked  their  opinion  as  consuls  elect,  {Seep, 
12.  Id' Plin.  Ep.  vi.  27.)  Pliny  afterwards  enlarged  on  the  ge- 
ral  heads,  which  he  used  on  that  occasion,  and  published 
them  under  the  name  of  PANEGYRICUS  (i.  e.  Aoy«?  ^avjj- 
yv^iMi  oratio  in  conventu  hahita,  a  Trat^yu^K,  conventust  Cic. 
Att.  i.  lAi.)  Nerv(^  Trajano  Augiisto  dictiis. 

Under  the  emperors  there  were  persons  dignified  merely 
with  the  title,  without  enjoying  the  office  of  consuls,  (CON- 
SULES  HONORARII)  ;  as,  under  the  republic,  persons 
who  had  never  been  consuls  or  pri^tors,  on  account  of  some 
public  service,  obtained  theright  of  sitting  and  speaking  in 
the  senate,  in  the  place  of  those  who  had  been  consuls  or 
praetors,  {loco  consulari  vel  prcetorio,  Cic.  Phil.  i.  6.  v.  17. 
Liv.  Epit.  118.)  which  was  called  OMC^onYa^  vel  sententia 
consularis  aut  prcetoria.,  Cic.  in  Vatin.  7.  in  Balb.  25.  So 
Allectus  inter  pratorios,  Plin.  Ep.  i.  14.  Pallanti  senatus 
ornamenta  prcstona  decrcvit.  Id.  vii.  29.  viii.  6. 

Those  who  had  been  consuls  were  called  CONSULA- 
RES,  Cic.  Fam,  xii.  4,  &c.  a"s  those  who  had  been  prre- 
tors,  were  called  PR^ETORII ;  sediles,  iEDILITII; 
quaestors,  QUiESTORII. 

Under  Justinian,  consuls  ceased  to  be  created,  and  the 
year,  of  consequence,  to  be  distinguished  bytheir  name,  A. 
U.  1293.  But  the  emperors  still  continued  to  assume  that 
office  the  first  year  of  their  sovereignty.  Constantine  created 
two  consuls  annually  ;  whose  office  it  wSs  to  exercise  su- 
preme jurisdiction,  the  one  at  Rome,  and  the  other  at  Con- 
stantinoplco 


128  KOMAN  ANTIQUITIES. 

11.  PRiETORS. 

1.  Institution  and  Power  of  the  PR^TOR. 

npHE  name  of  PR/ETOR  {is  qui  prait  jure  et  exercitu, 
-*-  Varro  5-r^';«T;}705),  v/as  anciently  common  to  all  the  ma- 
gistrates, Liv.  iii.  55.  Ascon.  in  Cic.  Thus  the  dict.itor  is 
called  Predtor  maximus^  Liv.  vii.  3.  But  when  the  consuls, 
being  engaged  in  almost  continual  wars,  could  not  attend  to 
the  administration  of  justice,  a  magistrate  was  created  for 
that  purpose,  A.  U.  389,  to  whom  the  name  of  PRiETOR 
was  thenceforth  appropriated.  He  vvas  at  first  created  only 
from  among  the  patricians,  as  a  kind  of  compensation  for 
the  consulship  being  communicated  to  the  plebeians  ;  but 
afterwards,  A.  U.  418,  also  from  the  plebeians,  Liv.  viii. 
15.  The  praetor  was  next  in  dignity  to  the  consuls,  and  was 
created  at  the  Comitia  Centuriata  with  the  same  auspices  as 
the  consuls,  whence  he  was  called  their  colleague,  Liv.  vii. 
1.  viii.  32.  Gell.  xiii.  14.  Plin.  Pan.  77.  The  first  praetor 
was  Sp.  Furfus  Camillus,  son  to  tlie  great  M.  Furius  Ca- 
millus,  who  died  the  year  that  his  son  was  praetor,  Xiu.  vii.  1. 

When  one  praetor  was  not  sufficient,  on  account  of  the 
number  of  foreigners  who  flocked  to  Rome,  another  praetor 
was  added,,  A.  U.  510,  to  administer  justice  to  them,  or  be- 
tween citizens  and  them,  {.qui  inter  ewes  Romanos  et  pere- 
grinosjus  cliceret,  Liv.  Epit.  xix. — xxii.  35.)  hence  called 
PRiETOR  PEREGRINUS. 

The. two  prsetors,  after  their  election,  determined  by  cast- 
ing lots,  which  of  the  two  j  urisdiciions  each  should  exer- 
cise. 

The  prsetor  who  administered  justice  only  between  citi- 
zens was  called  PRAETOR  URBANUS,  and  was  more 
honourable  ;  whence  he  was  called  Pr^tor  honoratus, 
Ovid.  Fast.  i.  52.  Major,  Festus  in  voce  Ma] ok  Con- 
sul ;  and  the  law  derived  from  him  and  his  edicts  is  called 
.TUS  HONORARIUM.  In  the  absence  of  the  consuls  he 
supplied  their  place,  (munus  consular e sustinebat),  Cic.  Fam. 
10.  12.  He  presided  in  the  assemblies  of  the  people,  and 
might  convene  the  senate  ;  but  only  when  something  new 
happened,  Cic.Fdm.  xii.  28.  He  likewise  exhibited  certain 
public  games,  as,  the  Liidi  Apollinares^  Liv.  xxvii.  23.  the 


Circensian  and  Megalcnsian  games,  Jiwenal.  xi.  192.  and 
therefore  had  a  particular  jurisdiction  over  players,  and  such 
people  ;  at  least  under  the  emperors,  Tacit.  Ann.  i.  77.  When 
there  was  no  censor,  he  took  care,  according  to  a  decree  of 
the  senate,  that  the  public  buildings  were  kept  in  proper  re- 
pair, {sarta  tecta  exigebat)^  Cic.  in  Verr.  1.  50.  On  account 
of  these  important  offices  he  was  not  allowed  to  be  absent 
from  the  city  above  ten  days,  Cic.  Phil.  ii.  13. 

The  power  of  the  praetor  in  the  administration  of  justice 
was  expressed  m  these  three  words,  DO,  DICO,  ADDI- 
CO.  Prcctor  dab  at  actionem  etjudices  ;  the  prcetor  gave 
the  form  of  a  writ  for  trying  and  redressing  a  particular, 
wrong  complained  of,  and  appointed  judges  or  a  jury  to 
judge  in  the  cause  ;  dice  bat  jus^  pronounced  sentence  ; 
ADDicEBAT  bona  \^  damna^  adjudged  the  goods  of  the 
debtor  to  the  creditor,  &c. 

The  days  on  which  the  prastor  administered  justice  were, 
called  DIES  FASTI,  {a  fando,  quod  lis  diebus  hcsc  tria  ver- 
ba fari  licebat).  Those  days  on  which  it  was  unlawful  to 
administer  justice,  were  called  NEFASTI. 

Ille  NEFASTus  erit^  per  quern  tria  verba  silentur  : 
Fastus  erity  per  quern  lege  licebit  agi, 

Ovid.  Fast.  i.  47. 

2.  EDICTS  of  the  PRiETOR. 

The  Prcctor  Urbanus  when  he  entered  on  his  office,  after 
having  sworn  to  the  observance  of  the  laws,  published  an 
ledict  (EDICTUM),  or  system  of  rules  {Formula)^  accord- 
ing to  which  he  was  to  administer  justice  for  that  year  ; 
whence  it  is  called  by  Cicero,  LEX  ANNUA,  Cic.  iit 
Verr.  i.  42.  Having  summoned  an  assembly  of  the  peo- 
ple, he  publicly  declared  (EDICEB AT)  from  the  i?wifr^, 
{cum  in  concioneni  adscendisset),  what  method  he  was  to  ob- 
serve, (g?/^  observatiirus  ess^t)^  in  administering  justice, 
Cic.  de  Fin.  ii.  22.  This  edict  he  ordered  not  only  to  be 
recited  by  a  herald,  Plant,  in  prolog.  Pcenuli  11.  but  also 
to  be  publicly  pasted  up  in  writing,  {Scriptum  in  ALBO, 
(i.  e.  in  tabula  dealbata^  vel,  lit  alii  dicunt,  albis  Uteris  nota- 
ta) ^  public epr op oni^  unde  de  PLANO,  (i.  e.  de  humo),  rec^ 

T 


130  ROMAN  ANTIQUITIES- 

te  legi  posset)  ;  in  large  letters,  (.Uteris  majuscuUs,)  Suet. 
Gaiig.  41.  These  words  used  commonly  to  be  prefixed  to 
the  edict,  BONUM  FACTUM,  Suet,  Jul,  80.  VitelL  14. 
Flaut.  ibid. 

Those  edicts  which  the  praetor  copied  from  the  edicts  of 
his  predecessors,  were  called  TRALATITIA;  those  which 
he  framed  himself,  were  called  NOVA  ;  and  so  any  clause 
or  part  of  an  edict,  CAPUT  TRALATITIUM  vel  NO-. 
VUM,  Cic.  in  Verr.  i.  45.  But  as  the  praetor  often,  in  the 
course  of  the  year,  altered  his  edicts  through  favour  or  en- 
mity, Cic.  in  Verr.  i.  41.  46.  this  was  forbidden,  first  by  a 
decree  of  the  senate,  A.  U.  585.  and  afterwards,  A.  U. 
686.  by  a  law  which  C.  Cornelius  got  passed  to  the  great 
offence  of  the  nobility,  Ut  Pr^tores  ex  edictis  suis 
PERPETUis  JUS  DicERENT,  1.  c.  That  the  praetors,  in  ad- 
ministering justice,  should  not  deviate  from  the  form  which 
they  prescribed  to  themselves  in  the  beginning  of  their  office, 
Ascon.  in  Orat.  Cic.  pro  Corn.—Dio.  Cass.  36.  c.  22.  &? 
23.  From  this  time  the  law  of  the  praetors,  0w5  PRiE- 
TORIUM)  became  more  fixed,  and  lawyers  began  to  study 
their  edicts  with  particular  attention,  Cic.  de  Legg.  i.  5. 
some  also  to  comment  on  them,  Qell.  xiii.  10.  By  order  of 
the  Emperor  Hadrian,  the  various  edicts  of  the  praetors  were 
collected  into  one,  and  properly  arranged  by  the  lawyer  Sal- 
vius  Julian,  the  great  grandfather  of  the  Emperor  Didius 
Julian  ;  which  was  thereafter  called  EDICtUM  PER- 
PETUUM,  or  JUS  HONORARIUM,  and  no  doubt  was 
of  the  greatest  service  in  forming  that  famous  code  of  the 
Roman  lav/s  called  the  CORPUS  JURIS,  compiled  by 
order  of  the  Emperor  Justinian. 

Besides  the  general  edict  which  the  praetor  published  when 
he  entered  on  his  office,  he  frequently  published  particular 
edicts  as  occasion  required,  (Ed iota  peculiaria  et 
RE  PEN  TIN  a),  Czc.  inVcrr.  iii.  14. 

An  edict  published  at  Rome  was  called  EDICTUM 
URBANUM,  ibid.  43.  in  the  provinces,  PRO  VINCI  A-^ 
LE,  ibid.  46.  Sicilieme,  45,  &.c. 

Some  think  that  the  Prcetor  Urbanus  only  published  an 
annual  edict ;  and  that  the  Prcetor  Peregrinus  administered 
justice,  either  according  to  it,  or  according  to  the  law  of  na- 


Pr/Etors.  131 

ture  and  nations.  But  we  read  also  of  the  edict  of  the  Pnii- 
tor  Peregrinus,  Cic.  Fam.  xiii.  59.  And  it  appears  that  in 
certain  cases  he  mi^ht  even  be  appealed  to  for  relief  against 
"the  decrees  of  the  Prtvtor  Urbanus,  Cic.  Verr.  i.  46.  Ascon. 
in  Cic.  Cres.  dc  Bell.  Civ.  iii.  20.  Dio.  xlii.  22. 

The  other  magistrates  published  edicts  as  well  as  the  prce. 
tor  ;  the  kings,  Liv.  i.  32.  &f  44.  the  consuls,  Liv.  ii.  24. 
viii.  6.  the  dictator,  Liv.  ii.  30.  viii.  34.  the  censor,  Liv. 
xliii.  14.  Nep.  in  Cat.  1.  Gell.  xv.  11.  the  curule  aediles, 
Cic.  Phil.  ix.  7.  Plant.  Captiv.  iv.  2.  43.  the  tribunes  of 
the  commons,  Cic.  in  Ferr.  ii.  41.  the  qusestors,  ibid.  iii.  7. 
So  the  provincial  magistrates,  Cic.  Epist,  passim  ;  and  un- 
der the  emperors,  the  prsefect  of  the  city,  of  the  praetorian 
cohorts,  &,c.  So  likewise  the  priests,  as  the  pnntijices  ancj 
decemviri  sacrorum^  Liv.  xl.  37.  the  augurs,  Valer.  Max. 
viii.  2,  1.  and  in  particular,  the  pontifex  maximum.  Tucit. 
Hist.  ii.  91.  Gell.  ii.  28.  All  these  were  called  HONORA- 
TI,  Liv.  XXV.  5.  Ovid.  Pont.  iv.  5.  2.  or  Honor  e  hone  static 
Sail.  Cat.  ^S.  honoribus  honoruti^  Vellei.  ii.  124.  honors  vel 
honoribus  usi,  Flor.  i.  13.  Cic.  Flacc.  19.  and  therefore  the 
law  which  was  derived  from  their  edicts  was  also  called 
JUS  HONORARIUM.  But  of  all  these,  the  edicts  of  the 
prsetor  were  the  most  important. 

The  orders  and  decrees  of  the  emperors  were  sometimes 
also  called  edicta,  but  usually  rescripta.  See  p.  27. 

The  magistrates  in  composing  their  edicts  took  the  advice 
of  the  chief  men  of  the  state  ;  thus,  Consules  cum  viros  pri- 
marios  atque  amplissimos  civitatis  multos  in  consilium  advo- 
cassent,  de  consilii  sententia  pronunciarunt,  y^c.  Cic.  Verr. 
iii.  7.  and  sometimes  of  one  another  ;  thus,  Cum  collegium 
prretorium  tj'ibuni  pleb.  adhibuissent,  ut  res  iiummnria  de 
communi  sententia  constitueretur ;  conscripserunt  commu- 
niter  edictum,  Cic.  Off.  iii.  20.  Marius  quod  communiter 
compositumfuerat^  solus  edixit,  ibid. 

The  summoning  of  any  one  to  appear  in  court,  was  like- 
wise called  Edictu?n.  If  a  person  did  not  obey  the  first  sum- 
mons, It  was  repeated  a  second  and  third  time  ;  and  then 
what  was  called  a  peremptory  summons  vvas  given,  (EDIC- 
TUM  PEREMPTORIUM  dabatur,  quoddiscept/tioneni 
perimeret,  i.  e,  tdtra  tergiversari  non  patcretw\  which  ad- 


132  ROMAN  ANTIQUITIES. 

mitted  of  no  farther  delay) ;  and  if  any  one  neglected  it  he 
was  called  contumacious,  and  lost  his  cause.  Sometimes  a 
summons  of  this  kind  was  given  all  at  once,  and  was  called 
Unum  pro  omnibus,  or,  unum  pro  tribus.  We  read  of 
the  senators  being  summoned  to  Rome  from  all  Italy  by  an 
edict  of  the  prastor,  Liv.  xliii.  11, 

Certain  decrees  of  the  praetor  were  called  INTERDIC 
TA  ;  as,  about  acquiring,  retaining,  or  recovering  the  pos. 
session  of  a  thing,  Cic,  C^ecin.S.  14.  31.  Orat.  i.  10.  to  which 
Cicero  alludes,  Urbanitatis  possessionem  quibusvis  inter- 
DicTis  defendamus,  Fam.  vii.  32.  also  about  restoring,  ex- 
hibiting, or  prohibiting  a  thing ;  whence  Horace,  Sat.  ii.  3. 
217.  Interdicto  huic  (sc.insano)  omneadimatjus prator, 
i.  e.  bonis  interdicat,  the  prastor  would  take  from  him  the 
management  of  his  fortune,  and  appoint  him  a  curator.  Id, 
JSpist.  i.  1.  102.  according  to  a  law  of  the  Twelve  Tables, 
iquafuriosis  et  male  rem  gerentibus  bonis  interdici  ju- 
bebat),  Cic.  de  Senect.  7. 

3.  The  INSIGNIA  of  the  PRiETOR. 

The  praetor  was  attended  by  two  lictors,  in  the  citj'',  who 
went  before  him  with  the j^^cd-j,  Plaut.  Epid.  i.  1.  26.  and 
by  six  lictors  without  the  city.  He  wore  the  toga  pratexta^ 
which  he  assumed,  as  the  consuls  did,  on  the  first  day  of  his 
office,  after  having  offered  up  vows,  ^votis  nuncupatis),  in 
the  capitol. 

When  the  pr«tor  heard  causes,  he  sat  in  the  Forum  or  Co- 
mitium,  on  a  TRIBUNAL,  (in,  or  oftener  pro  tribunali)^ 
which  was  a  kind  of  stage  or  scaffold,  (suggestum  v.  -w*),  in 
which  was  placed  the  Sella  Curidis  of  the  przetor,  Cic.  Verr. 
iii.  38.  Mart.  xi.  99.  and  a  sword  and  a  spear  (GLADIUS 
et  HAST  A)  were  set  upright  before  him.  The  Tribunal  was 
)iiade  of  wood,  and  moveable,  Cic.  in  Vat.  14.  Suet.  C(cs.  84. 
so  large  as  to  contain  the  ASSESSORES,  or  counsel  of  the 
praetor,  Cic.  de  Orat.  i.  37.  and  others,  Brut.  84.  in  the  form 
of  a  square,  as  appears  from  ancient  coins.  But  when  spa- 
cious halls  were  erected  round  the  Fo?'um,for  the  administra- 
tion of  justice,  called  BASILIC/E,  or  RegiiC  sc  ades  vel 
porticusy  Suet.  Aug.  31  Calig.  37.  Stat.  Silv.  i.  1.  29.  (b^^/a^- 
«f.<  5-o^<)  Zosim.  V.  2.  Joseph.  A,  xvii.  11.  from  their  largeness 


Pr.etors.  135 

md  magnificence,  the  Tribunal  in  them  seems  to  have  been 
of  stone,  and  in  tlie  form  of  a  semicircle,  Vitruv.  v.  1.  the  two 
ends  of  which  were  called  Corniia,  Tacit.  Annal.  i.  75.  or 
Partes  Primores,  Suet.  Tib.  33.  The  first  Basilica  at  Rome 
appears  to  have  been  built  by  M.  Porcius  Cato,  the  censor, 
A.  U.  566.  hence  called  Porcia,  Liv.  xxxix.  44. 

The  JUDICES  or  jury  appointed  by  the  prastor,  sat  on 
lower  seats,  called  SUBSELLIA,  Cic.  Rose.  Am.  11.  as 
also  did  the  advocates,  Id.  de  Or  at.  i.  62.  the  witnesses,  Id. 
Flacc.  10.  and  hearers.  Brut.  84.  Suet.  Aug.  56.  Whence 
Subsellia  is  put  for  the  act  of  judging,  Suet.  JVer.  17.  or  of 
pleading,  Cic.  de  Orat.i.  8.ii.  33.  thus,  Versatiis  in  utrisque 
subselliis  cum  summafama  etfide;  i.  e.  judicem  et  patronum 
egit,  Cic.  Fam.  xiii.  10.  A  subselliis  ^\^^\x^t  &c.  i.  e.  causi- 
dicus^  a  pleader,  m  CceciL  15.  For  such  were  said  habitare  in 
subselliis.  Orat.  i.  62.  A  subselliis  in  otium  se  conferre,  to  re- 
tire from  pleading, /c/,  Orat.  ii.  33. 

The  inferior  magistrates,  when  they  sat  in  judgment,  (Jw- 
dicia  exercebant ) .,  did  not  use  a  Tribunal.,  but  only  subsel- 
lia ;  as,  the  tribunes,  plebeian  aediles,  and  quaestors,  &c.  As- 
con,  in  Cic.  Suet.  Claud.  23. 

The  benches  on  which  the  senators  sat  in  the  senate-house 
were  likewise  called  subsellia.,  Cic.  in  Cat.  i.  7.  Hence  Lon- 
gi  s\ihsQ\X\\  jiidicatio,  the  slowness  of  the  senate  in  decreeing, 
Cic.  Fam.  iii.  9.  And  so  also  the  seats  in  the  theatres,  circus, 
&c.  thus,  senatoria  subsellia.,  Cic.  pro  Corn.  1.  Bis  septena 
subsellia,  the  seats  of  the  Equites,  Mart.  v.  28. 

In  matters  of  less  importance  the  praetor  judged  and  passed 
sentence  without  form,  at  any  time  or  in  any  place,  Avhether 
sitting  or  walking  ;  and  then  he  was  said  COGNOSCP^RE, 
interloqui,  discutere,  E  vel  DE  PLANO  ;  or,  as  Cicero  ex- 
presses it,  ex^quo  loco,  Fam.  iii.  8.  Csesin.  17.  de  Orat.  6. 
non  pro,  vel  e  tj'ibunali,  aut  ex  superiore  loco;  which  expres- 
sions are  opposed  :  So  Suet.  Tib.  33.  But  about  all  impor- 
tant affairs  he  judged  in  form  on  his  tribunal. 

The  usual  attendants  (MINISTRI  vel  apparitores)  of 
the  praetor,  besides  the  lictors,  were  the  SCRIBiE,  who  re- 
corded his  proceedings,  {qui  acta  in  tabulas  referrent')^ 
Cic  Verr.  iii.  78.  &  79.  and  the  ACCENSI,  who  summon- 
ed  persons,  and  proclaimed  aloud  when  it  was  the  third 
hpur,  or  9  o'clock  before  noon ;  when  it  was  mid-day,  and 


134  ROMAN  ANTIQUITIES- 

when  it  was  the  ninth  hour,  or  3  o'clock  afternoon,  Farr, 
de  Ling.  Lat.  v.  9. 

4.  The  number  of  V^I^TOR^  at  different  times. 

While  the  Roman  Empire  was  limited  to  Italy,  there 
were  only  two  pr^tors.  When  Sicily  and  Sardinia  were 
reduced  to  the  form  of  a  province,  A.  U.  526.  two  other 
praetors  were  added  to  govern  them,  Liv.  Epit.  20.  and  two 
more  when  Hither  and  Farther  Spain  were  subdued,  Id, 
xxxii.  27.  &  28.  In  the  year  571,  only  four  praetors  were 
created  by  the  Baebian  law,  which  ordained,  that  six  praetors 
and  four  should  be  created  alternately,  Liv.  xl.  44.  but  this 
regulation  seems  not  to  have  been  long  observed. 

Of  these  six  prretors  two  only  remained  in  the  city  ;  the 
other  four,  immediately  after  having  entered  on  their  office, 
set  out  for  their  provinces.  The  praetors  determined  their 
provinces,  as  the  consuls,  by  casting  lots,  or  by  agreement, 
Liv.  passim. 

Sometimes  one  praetor  administered  justice  both  between 
citizens  and  foreigners,  Liv.  xxv.  3.  xxvii.  38.  xxxi.  1. 
XXXV.  41,  and  in  dangerous  conjunctures,  none  of  the  prae- 
tors were  exempted  from  military  service.  Id.  xxiii.  32. 

The  praetor  Urbanus  and  Peregrinus  administered  jus- 
tice only  in  private  or  lesser  causes  ;  but  in  public  and  im- 
portant causes,  the  people  either  judged  themselves,  or  ap- 
pointed persons,  one  or  more,  to  preside  at  the  trial,  {qui 
qu{Sstiom  prceessent.,  Cic.  pro  Cluent.  29.  quarerent^  qiices- 
tiones  publicas  \e\judicia  exercerent^  Liv.  iv.  51.  xxxviii, 
55.  Sallust.  Jug.  40.)  who  were  called  QUiESITORES,. 
or  Quastores  parricidiz^  whose  authority  lasted  only  till  the 
trial  was  over.  Sometimes  a  dictator  was  created  for  hold- 
ing trials,  Liv.  ix.  26.  But  A.  U.  604.  it  was  determined 
that  tlie  Prcstor  Urbanus  and  Peregrinus  should  continue  to 
exercise  their  usual  jurisdictions  ;  and  that  the  four  other 
praetors  should  during  their  magistracy  also  remain  in  the 
city,  and  preside  at  public  trials  :  one,  at  trials  concerning 
extortion,  {de  repetundis) ;  another,  concerning  bribery, 
ide  ambitu) ;  a  third,  concerning  crimes  committed  against 
the  state,  ide  majestate) ;  and  a  fourth,  about  defrauding 
the  public  treasury,  (de  peculatu).  These  were  called 
QUESTIONES  PERP£TU/E,  Czc.  ^rw^.  26.  because 


"PruEtoRs.  135 

tkey  were  annually  assigned  {mandahantur)  to  particular 
prtctors,  who  always  conducted  them  tor  the  whole  year, 
{quiperpetuo  exercerent)^  according  to  a  certain  form  pre- 
scribed by  law  ;  so  that  dicre  was  no  need,  as  formerly,  of 
making  anew  law,  or  of  appointing  extraordinary  inquisi- 
tors to  preside  at  them,  who  should  resign  their  authority 
when  the  trial  was  ended.  But  still,  when  any  thing  unu- 
sual or  atrocious  happened,  the  people  or  senate  judged 
about  the  matter  themselves,  or  appointed  inquisitors  to  pre- 
side at  the  crial ;  and  then  they  were  said  extra  ordinem 
qucerere :  as  in  the  case  of  Clodius,  for  violating  the  sacred 
rites  of  the  Bona  Dea^  or  Good  Goddess,  Cic.  Att.  i.  13, 14, 
&  16.  and  of  Milo,  for  the  murder  of  Clodius,  Cic.  pro 
Mil.  &c. 

L.  Sulla  encreased  the  number  of  the  quccstiones  perpe- 
tuee^  by  adding  those  de  F  ALSO,  vel  de  criminefalsh  con- 
cerning forgers  of  wills  or  other  writs,  coiners  or  makers  of 
base  money,  &c.  c/e  SICARIIS  <?jf  VENEFICIS,  about 
such  as  killed  a  person  with  weapons  or  poison ;  et  de 
PARRICIDIS,  on  which  account  he  created  two  additio- 
nal praetors,  A.  U.  672  ;  some  say  four.  Julius  Csesar  en- 
creased  the  number  of  prsetors,  first  to  ten,  A.  U.  707.  Dio, 
xlii.  51.  then  to  fourteen,  Id.  xliii.  47.  afterwards  to  six- 
teen, lb.  49.  Tacit.  Hist.  iii.  37.  Under  the  triumviri^ 
there  were  67  praetors  in  one  year,  Dio.  xlviii.  43,  53.  Au- 
gustus reduced  the  number  to  twelve,  Dio  says  ten,  xliii. 
32.  but  afterwards  made  them  sixteen,  Pompon,  de  orig. 
jtir.  ii.  28.  According  to  Tacitus,  there  were  no  more  than 
twelve  at  his  death,  Annal.  i.  14.  Under  Tiberius,  there 
were  sometimes  fifteen,  and  sometimes  sixteen,  Dio.  Iviii. 
20.  Claudius  added  two  prsetors  for  the  cognizance  of 
trusts,  ^qui  de  fideicommissis  jus  dicer ent^.  The  number 
then  was  eighteen  ;  but  afterwards  it  varied. 

Upon  the  decline  of  the  empire,  the  principal  functions  of 
the  przetors  were  conferred  on  the  pr«fectus  pr<^torio.,  and 
other  magistrates  instituted  by  the  emperors.  The  pr^^tors  of 
course  sunk  in  their  importance.  Under  Valentinian  their 
number  was  reduced  to  three  ;  and  this  magistracy  having 
become  an  empty  name,  {inane  nomen)^  Bocth.  de  consol. 
Philos.  iii.  4.  was  at  last  entirely  suppressed,  as  it  is  thought, 
under  Justinian, 


136  ROMAN  ANTIQUITIES. 

III.  CENSORS. 

'WO  magistrates  were  first  created,  A.  U.  312,  for  tak- 
ing an  account  of  the  number  of  the  people,  and  the 
value  of  their  fortunes,  (censui  agendo)  ;  whence  they  were 
called  CENSORES,  Liv.  et  Fest.  (Censor,  adcujus  cen- 
sionem,  id  est  arbitriwn^  censeretur  populus^  Varr.  L.  L.  iv, 
14.)  As  the  consuls,  being  engaged  in  wars  abroad,  or  com- 
motions at  home,  had  not  leisure  for  that  business,  (jion  con- 
sidihus  operce  erat  sc.  pretium,  i.  e.  iis  non  vacabat  id  nego- 
tium  agere)  ;  the  census  had  been  intermitted  for  17  j^ears, 
Liv.  iii.  22.  iv.  8. 

The  censors  at  first  continued  in  office  for  five  years,  Ibid» 
But  afterwards,  lest  they  should  abuse  their  authority,  a  law 
was  passed  by  Mamercus  iEmilius  the  dictator,  ordaining, 
that  they  should  be  elected  every  five  years  ;  but  that  their 
power  should  continue  only  a  year  and  a  half,  {Ex  quinqiien- 
nali annua  ac  semestris  censurafacta  est)^\AY.  iv.24.  ix.  33. 

The  censors  had  all  the  ensigns  of  the  consuls,  except  the 
lictors. 

The  censors  were  usually  chosen  from  the  most  respecta- 
ble persons  of  consular  dignity  ;  at  first  only  from  among  the 
patricians,  but  afterwards  likewise  from  the  plebeians.  The 
first  plebeian  censor  was  C.  Marcius  Rutilus,  A.  U.  404, 
who  also  had  been  the  first  plebeian  dictator,  Liv.  vii.  22. 
Afterwards  a  law  was  made,  that  one  of  the  censors  should 
always  be  a  plebeian.  Sometimes  both  censors  were  plebe- 
ians, Liv.  Epit.  59.  and  sometimes  those  were  created  cen- 
sors, who  had  neither  been  consuls  nor  praetors,  Liv.  xxvii. 
6.  and  11.  but  not  so  after  the  second  Punic  war. 

The  last  censors,  namely  Paulus  and  Plancus,  under  Au- 
gustus, are  said  to  have  been  private  persons,  (PRI V  ATI), 
Dio.  liv.  2.  not  that  they  had  never  borne  any  public  office 
before,  but  to  distinguish  them  from  the  Emperor ;  all  be- 
sides him  being  called  by  that  name,  Fell.  ii.  99.  Suet.  Tacit, 
et  Piin.  passim. 

The  power  of  the  censors  at  first  was  small ;  but  after- 
wards it  became  very  great.  All  the  orders  of  the  state  were 
subject  to  them,  {censoribus  subjectiy  Liv.  iv.  24).  Hence 
the  censorship  is  called  l)y  Plutarch,  the  summit  of  all  pre- 


Censors,  137 

ferments,  (omnhim  honorinn  apex.,  vel  /astigiiun),  in  Cat. 
Maj.  ii"d  by  Cicero,. magistra  pudoris  ft  modcsfio',  m  Pis.  4. 
The  title  of  Censor  was  esteemed  more  honourable  than  that 
of  Consul  ;  as  appears  from  ancient  coins  and  statues  :  and 
it  was  reckoned  th/  chief  ornament  of  nobility,  to  be  sprung 
from  a  censorian  family,  f^'a/c'r.  viii.  13.  'Jacit.  Ann.  iii.  28. 
Hist.  iii.  9. 

The  office  of  the  censors  was  chiefly  to  estimate  the  for- 
tunes, and  to  inspect  the  morals  of  the  citizens,  Cic.  deleg, 
iii.  3. 

The  censors  performed  the  censusm  the  CaiJipus  Alartiuso 
Seated  in  their  curule  chairs,  and  attended  by  their  clerks 
and  other  officers,  they  ordered  the  citizens,  divided  into 
their  classes  and  centuries,  and  also  into  their  tribes,  Liv. 
xxix.  37.  to  be  called  (citari)  before  them  by  a  herald,  and  to 
give  an  account  of  their  fortunes,  faniily,  &c.  according  to 
the  institution  of  Servius  TuUius.  (See  p.  85.)  At  the  same 
time  they  reviewed  the  senate  and  equestrian  order,  supplied 
the  vacant  places  in  both,  and  inflicted  various  marks  of  dis- 
grace (notas  innuehant')  on  those  who  deserved  it.  A  senator 
they  excluded  from  the  senate-house,  {senatu  movcLant,  vel 
ej?ciel)ant),  (see  p.  6.)  an  eques  they  deprived  of  his  public 
horse,  (equum  adimebant),  (see  p.  30.)  and  any  other  citi- 
zen they  removed  from  a  more  honourable  to  a  less  honour- 
able tribe,  (thbu  movebant)  ;  or  deprived  him  of  all  the  pri- 
vileges of  a  Roman  citizen,  except  liberty,  (csrarium  faciei 
bant,  Liv.  Q_ui  per  hoc  non  esset  in  albo  centuries  suce,.sedad 
hoc  esset  civis  tantum,  ut  pro  capite  siio  tributi  nomine  aera 
pcjuleret,  Ascon.  in  Cic.)  or,  as  it  is  otherwise  expressed,  in 
tabulas  C<eritum,  vel  inter  Ccerites  reftrebant,  i.  e.jure  sxif^ 
fragii  privaborit ;  Gell.  xvi.  13.  Strab.  v.  p.  220.  Hence 
Ccerite  cera  digni,  worthless  persons,  Horat.  Ep.  i.  6.  63. 
But  this  last  phrase  does  not  often  occur.  Cicero  and  Livy 
almost  always  use  .^jrarhim  facere  ;  in  vel  inter  xrarios  re-- 
ferre.  This  mark  of  disgrace  was  also  inflicted  on  a  senator 
or  an  eques,  and  was  then  alway^s  added  to  the  mark  of  dis- 
grace peculiar  to  their  order ;  thus,  Censores  Mamercum,  qui 
fuerat  dictator,  trihu  moverunt,  octuplicatoque  censu,  (\.  e. 
having  made  the  valuation  of  his  estate  eight  times  more  than 
it  ought,  that  thus  he  might  be  obliged  to  pay  eight  times 


13§  nOMAN  ANTIQUITIES. 

more  tribute),  eerarium  fecerunt^  Liv.  iv.  24.  Omnes^  quoi 
senatii  moverunt,  quibusque  equos  ademerunt,  erariosfece- 
runt^  et  tribu  inoverunt,  xlii.  10.  The  censors  themselves 
did  not  sometimes  agree  about  their  powers  in  this  respect ; 
Claudius  negabat,  Suffragii  lationem  injussu  populicensorem 
cuiquam  homini  adimere  posse.  J^eque  enim  si  trihu  movere 
posset,  quod  sit  nihil  aiiud  quam  mutare  jubere  tribum,  idea 
omnibus  v.  et  xxx.  tnbubus  emovere  posse :  id  est,  civitatem 
libertatemque  eripere,  non  ubi  censeaturfinire,  sedsensu  ex- 
cludere.  H^c  inter  ipsos  disceptata,  ^c.  Liv.  xlv.  15. 

The  censors  could  inflict  these  marks  of  disgrace  upon 
what  evidence,  and  for  what  cause  they  judged  proper ;  but, 
when  they  expelled  from  the  senate,  they  commonly  an- 
nexed a  reason  to  their  censure,  Lw.  xxxix.  42.  which 
was  called  SUBSCRIPTIO  CENSORIA,  Cic,  pro  Clu- 
ent.  43,  &  44.  Sometimes  an  appeal  was  made  from  their 
sentence  to  the  people,  Plutarch,  in  T.  Q.  Flamzn. 

The  censors  not  only  could  hinder  one  another  from  in- 
flicting any  censure,  (ut  alter  de  senatu  moverivelit^  alter  re- 
tineat ;  ut  alter  in  terarios  reftrri,  aut  tribu  moverijubeat,  al- 
ter vetet,  Cic.  ibid.  Tres  ejectide  senatu;  retinuit  quosdam 
Lepidus  a  collega  prxteritos,  Liv.  xl.  51.)  but  they  might 
even  stigmatize  one  another,  Liv.  xxix.  37. 

The  citizens  in  the  colonies  and  free  towns  were  there  in- 
rolled  by  their  own  censors,  according  to  the  form  prescri- 
bed by  the  Roman  censors,  ex  {formula  ab  Romams  censO' 
ribus  data),  and  an  account  of  them  was  transmitted  to 
Rome,  Liv.  xxix.  15.  So  that  the  senate  might  see  at  one 
view  the  wealth  and  condition  of  the  whole  empire,  ibid. 
37. 

When  the  censors  took  an  estimate  of  the  fortunes  of  the 
citizens,  they  were  said,  censum  agere  vel  habere ;  Cen- 
se re  populi  (Evitates,  soboles,  familias  pecuniasque,  Cic. 
Icgg,  iii.  3.  Referre  in  censum,  Liv.  xxxix.  44.  Flor.  i.  6. 
or,  censui  ascribere.  Tacit.  Annal.  xiii.  51.  The  citizens, 
when  they  gave  in  to  the  censors  an  estimate  of  their  for- 
tunes, &.C.  were  said  Censeri  modum  agri,  mancipia,  pe- 
eunias,  he.  sc.  secundum  vel  quod  ad,  Cic.  Flacc.  32.  1. 
80.  Profiteri;  in  censum  deferre  vel  dedicare.  Id.  Arch.  4, 
3enec.  Ep.  ^S,  annos  deferre  vel  censeri :  thus  CL.  annos 


Censors.'  13$ 

census  est  Claudii  C^saris  censura  T.  Fullonius  Bonom- 
ensis  ;  idqiie  collatis  censibus  (jiios  ante  rietalerat,  verum 
apparmt,  Plin.  vii.  49.  s.  50.  Sometimes  also  censere  ; 
thus,  Pr^dia  censere^  to  give  in  an  estimate  of  one's  farms, 
Cic.  Flacc.  52^  Liv,  xlv.  15.  Pr<edia  censui  cense7ido  sc, 
apta  ;  i.  e.  quorum  census  atn^oxi  pretium  <estimari  ordhiis 
et  tributi  causa  potest  ;  farms,  of  which  one  is  the  just  pro- 
prietor, ibid.  Hence  censeri,  to  be  vakied  or  esteemed,  to  be 
held  in  estimation  ;  Cic.  Arch.  6.  Val.  Max.  v.  3.  3.  Ovid, 
Ain.  ii.  15.  2.  Senec.  Ep.  76.  Plin.  Pan.  15.  De  quo  cence- 
risy  amicus,  from  whom  or  on  whose  account  you  are  val- 
ued, Ovid.  Pont.  ii.  5.  ult.  Privatus  zV/f.c  CENSUS  erat  bre^ 
vis,  their  private  fortune  was  small,  Horat.  Od.  ii.  15.  13. 
exiguus,  Ep.  i.  1.  43.  tenuis.  Id.  7.  76.  Eqiiestris^  v.  -ter^ 
the  fortune  of  an  eques  ;  CCCC.  millia  nummum,  400,000 
sesterces,  Plin.  Ep,\.  19.  Senatorius,  of  a  senator,  Suet. 
Vesp.  17.  Homo  sine  c en su,  Cic.  Flacc.  52.  Ex  censu,  tri- 
huta  conferre.  Id.  Verr.  ii.  &^.  Cidtus  major  censu,  Ho- 
rat. Sat.  ii.  3.  323.  Dat  census  honores,  Ovid.  Amor.  iii. 
8.  56.  Census  partus  per  vulnera,  a  fortune  procured  in 
war,  ibid.  9.  Demittere  censum  in  viscera,  i.  e.  bona  obligu- 
rire,  to  eat  up.  Id.  Met.  viii.  846.  Romani  census  populi, 
the  treasury,  Lucan.  iii.  157.  Breves  extender e  census,  to 
make  a  small  fortune  go  far.  Martial,  xii.  6. 

The  censors  divided  the  citizens  into  classes  and  centu- 
ries, according  to  their  fortunes.  They  added  new  tribes  to 
the  old,  when  it  was  necessary,  Liv.  x.  9.  Epit.  19.  They 
let  the  public  lands  and  taxes,  fsee  p.  69.J  and  the  regula- 
tions which  they  prescribed  to  the  farmers-general  (manici- 
pibus  V.  puhlicanis)  were  called  Leges  vel  Tabula  Censorice^ 
Cic.  Verr.  iii.  6.  in  Rull.  i.  2.  Polyb.  vi.  15. 

The  censors  agreed  with  undertakers  about  building  and 
repairing  the  public  works,  such  as  temples,  porticos,  &c. 
{opera  publica  csdificanda  et  r<?/?<7Z€72c/'(CZ  REDEMPTORI- 
BUS  locabant)  ;  which  they  examined  when  finished,  {pro- 
baverunt,  i.  e.  recte  et  ex  ordine facta  esse  pronunciaverunt) ; 
and  caused  to  be  kept  in  good  repair,  {sarta  tecta  exigebant., 
sc.  et.  Liv.  iv.  22.  xl.  51.  xlii.  3.  xlv.  15.  The  expences 
allowed  by  the  public  for  executing  these  works,  were  calK 
cdULTROTRiBUTA,  Zw,  xxxix.  44.  xliii.  16.  Scnec.  Be 


140  ROMAN  ANTIQUITIES. 

nef,  iv.  1.  Hence  Ultrotrihuta  locare^  to  let  them,  or  to 
promise  a,  certain  sum  for  executing  them  ;  conducere,  to 
undertake  them,  if)id. 

The  censors  had  the  charge  of  paving  the  streets,  and 
making  the  public  roads,  bridges,  aquseducts,  &c.  Liv.  ix. 
29.  &  43.  xli.  27.  They  likewise  made  contracts  about 
furnishing  the  public  sacrifices,  Plutarch,  in  Cat.  and  horses 
for  the  use  of  the  curule  magistrates,  Liv.  xxiv.  18.  Fest, 
in  voc.  Eq^ui  Cukules;  also  about  feeding  the  geese 
which  were  kept  in  the  Gapitol,  in  commemoration  of  their 
having  preserved  it,  when  the  dogs  had  failed  to  give  the 
alarm,  Cw.  pro  Hose.  Am,.  20.  Plin.  x.  22,  s.  26,  xxix.  4, 
5.  14. 

They  took  care  that  private  persons  should  not  occupy 
what  belonged  to  the  public,  Liv.  iv.  8.  And  if  any  one 
refused  to  obey  their  sentence,  they  could  fine  him,  and  dis- 
train his  effects  till  he  made  paj^ment,  Liv.  xliii.  16. 

The  imposing  of  taxes  is  often  ascribed  to  the  censors  ; 
but  this  was  done  by  a  decree  of  the  senate  and  the  order  of 
the  people ;  without  which  the  censors  had  not  even  the  right 
of  laying  out  the  public  money,  nor  of  letting  the  public  lands, 
Liv.  xxvii.  11.  xl.46.  xli  27.  xliv.  16.Pol(/h.\i.  10.  Hence 
the  senate  sometimes  cancelled  their  leases,  {locationes  indu- 
cebant),  when  they  disapproved  of  them,  Id.  xxxix.  44. 
For  the  senate  had  the  chief  direction  in  all  these  matters,  ib. 

The  censor  had  no  right  to  propose  laws,  or  to  lay  any  thing 
before  the  senate  or  people,  unless  by  means  of  the  consul 
or  prtetor,  or  a  tribune  of  the  comnions,  Plin,  Hist.  Nat. 
XXXV.  17.  Liv.  loc.  cit. 

The  power  of  the  censors  did  not  extend  to  public  crimes, 
or  to  such  thhigs  as  came  under  the  cognizance  of  the  civil 
magistrate,  and  were  punishable  by  law  ;  but  only  to  mat.- 
ters  of  a  private  nature,  and  of  less  importance  :  as,  if  one 
did  not  cultivate  his  ground  properly,  Gell.  iv.  12.  if  an  eques 
did  not  take  proper  care  of  his  horse,  which  was  called  In- 
cur i  a  or  Impolitia,  ibid,  if  one  lived  too  long  unmarried, 
(the  fine  for  which  was  called  ^Es  uxorium,  Festus)  ;  or 
contracted  debt  without  cause,  &c.  Valer.  Max.  ii.  9.  and 
particularly,  if  any  one  had  not  behaved  with  sufficient  bra- 
very in  war,  Liv>  xxiv.  18.  or  was  of  dissolute  morals,  CiCc 


Censors.  141 

C'/uent.  47.  above  all,  if  a  person  hnd  violated  his  oath,  Liv, 
ibid,  et  Cic.  Off.  iii.  31.  Gell.  vii.  18. 

The  accused  were  usually  permitted  to  make  their  de- 
fence, (causam  dJcere),  Liv.  loc.  cit. 

The  seiuence  of  die  censors,  ANIMADVpRSIO  CEN- 
SORl A  \djud/cium  censons),  oniy  aWtcfed  the  ronk  and 
ch  tractor  of  persons.  It  was  therefore  properly  called  IG- 
NOMINIA,  iquod'm  nomine  tantum,  i.  e.  dignitate  versa- 
batuf)^  and  in  later  times  had  no  other  eflfect,  than  of  putting 
a  m;in  to  the  blush,  {nihil fere  damnato  affcrebat  prteter  ru- 
bor em.,  Cic.) 

It  was  not  fixed  and  unalterable,  as  the  decision  of  a  court 
of  law,  non  fjro  re  judicata  habebatur')  ;  but  might  be  either 
taken  off  by  the  next  censors,  or  rendered  ineff.^ctual  by  the 
verdict  of  a  jury,  or  by  the  suffrages  of  the  Roman  people. 
Thus  we  find  C.  Gceta,  who  had  been  extruded  the  senate 
by  the  censors,  A.  U.  639,  the  very  next  lustrum  himself 
made  censor,  Cic,  pro  Cluent.  42  See  p.  7.  Sometimes  the 
senate  added  force  to  the  feeble  sentence  of  the  censors,  {tri- 
er ti  ceTisori<^  not<^)^  by  their  decree,  which  imposed  an  ad- 
ditional p'lnishment,  Liv.  xxiv.  18. 

The  offiv^e  of  censor  was  once  exercised  by  a  dictator, 
J^iv.  xxiii.  22.  and  23.  After  Sylla,  the  election  of  censors 
was  intermitted  for  about  17  years,  Ascon.  in  Cic. 

Whentht  censors  acted  improperly,  they  might  be  brought 
to  a  trial ;  as  they  sometimes  were  by  a  tribune  of  the  com- 
mons, Liv.  xxiv.  43.  xliii.  15.  16.  Nay,  we  find  a  tribune 
orderhig  a  censor  to  be  seized  and  led  to  prison,  LI.  ix.  34, 
and  even  to  be  thrown  from  the  Tarpeian  rock.  Id.  epit.  59. 
Plin.  vii.  44.  s.  45,  but  both  were* prevented  by  their  coL 
leagues,  ibid.  43.  s.  45. 

Two  things  were  peculiar  to  the  censors  : — 1.  No  one 
could  be  elected  a  second  time  to  that  office,  according  to 
the  law  of  C.  Martins  Rutilus,  who  refused  a  second  cen- 
sorship when  conferred  on  him,  hence  sirnamed  CENSO- 

RINUS,  Faler.  Alax.  iv.  1. 2.   If  one  of  the  censors 

died,  another  was  not  substituted  in  his  room  ;  but  his  sur- 
viving colleague  was  obliged  to  resign  his  office,  Liv.  xxiv. 
43.  lixvii.  6. 

The  de.tth  of  a  censor  was  esteemed  ommous,  because  it 
had  happened  that  a  censor  died,  and  another  was  chosen  in 


142  ROMAN  ANTIQUITIES. 

his  place,  in  that  luatrum  in  which  Rome  was  taken  by  the 
Gauls,  Liv.  V.  31.  vi.  27. 

The  censors  entered  on  their  office  immediately  after  their 
election.  It  was  customary  for  theni,  when  the  comitia  were 
over,  to  sit  down  on  their  curule  chairs  in  the  Campus  iMar- 
tius  before  the  temple  of  Mars,  Liv.  xl.  45.  Before  they  be- 
gan to  execute  their  office,  they  swore  that  they  would  do 
nothing  through  favour  or  hatred,  but  that  they  would  act 
uprightly  ;  and  when  they  resigned  their  office,  they  swore 
that  they  had  done  so.  Then  going  up  to  the  treasury,  {in 
^rarium  ascendentes)  they  left  a  list  of  those  whom  they 
had  made  <^rarii^  Lw.  xxix.  37. 

Ajrecord  of  the  proceedings  of  the  censors,  memoria  pub- 
lica  recensionis^  tabulis  publicis  impressa)  was  kept  in  the 
temple  of  the  nymphs,  Cic.  pro  Mil.  27.  and  is  also  said  to 
have  been  preserved  with  great  care  by  their  descendants, 
Dionys.  i.  74. 

One  of  the  censors,  to  whom  it  fell  by  lot,  Varr  Lat,  L. 
V.  9.  after  the  census  was  finished,  offi^red  a  solemn  sacrifice 
(.lustrum  condidit)  in  the  Campus  Martins.  See.  p.  88. 

The  power  of  the  censors  continued  unimpaired  till  the 
ti'ibuneshipof  Clodius,  A.  U.  695,  who  got  a  law  passed, 
ordering  that  no  senator  should  be  degraded  by  the  censors, 
unless  he  had  been  formally  accused  and  condemned  by 
both  censors,  Dio.  xxxviii.  13.  but  this  law  was  abrogated, 
and  the  powers  of  the  censorship  restored  soon  after  by  Q. 
Metellus  Scipio,  A.  U.  702.  Ascon.  in  Cic.  Dio.  xl.  57. 

UiKier  the  emperors  the  office  of  censor  was  abolished ; 
but  the  chief  parts  of  it  were  exercised  by  the  emperors 
themselves,  or  by  other  magistrates. 

Julius  Caesar  made  a  review  of  the  people  (recensum  popu- 
li  egit),  after  a  new  manner,  in  the  several  streets,  by  means 
of  the  proprietors  of  the  houses,  (vicatim  per  dominos  insu.- 
laruni),  Suet.  Jul.  41.  but  this  was  not  a  review  of  the  whole 
Roman  people,  but  only  of  the  poorer  sort,  who  received  a 
monthly  gratuity  of  corn  from  the  public,  ibid,  which  used 
to  be  given  them  in  former  times,  first  at  a  low  price,  Liv. 
ii'.  34.  and  afterwards,  by  the  law  of  Clodius,  for  nothing, 
Cic.  pro  Sext.  25.  Ascon.  in  Cic. 

Julius  CiBsar  was  appointed  by  the  senate  to  inspect  the 
morals  of  the  citizens  for  three  years,  Dio,  xliii,  14.  under 


I 


Cens6rs.  145 

the  title  o^'PRiEFECTUS  MORVM  vo]  moribus.  Suet. 
Jul.  76.  Cic.  Fam  ix.  15.  afterwards  I'or  life,  under  the  title 
of  censor,  Dtu.  xliv.  5.  A  power  similar  to  this  seems  to 
havf  been  copRrrcd  on  Pompfv  in  his  third  consulship, 
icorrii^endi.s  moribus  delt^ctiis).  Tacit.  Ann.  ii.  28. 

Augustus  tlirice  made  a  review  of  the  people  ;  the  first 
and  last  time  with  a  colleague,  and  the  second  time  alone. 
Suet.  Aug.  27. 

He  was  invested  by  the  senate  with  the  same  censorial! 
power  as  Julius  Caesar,  repeatedly  for  five  years,  according 
to  Dion  Cassius,  liii.  17.  liv.  2.  10.  &  30.  according  to  Sue- 
tonius for  life,  (recepit  et  morum  legiimque  regimen  perpe- 
tuum).  Suet.  Aug.  27.  under  the  title  of  MAGISTER 
MORUM,  Fast.  Cons.    Hence  Horace,  Epist.  ii.  1. 

Cum  tot  sustineas,  ac  tanta  negotia  solus., 
Res  Italds  armis  tuteris^  moribus  orneSy 
JLegibus  emendes^  &c, 

Augustus,  however,  declined  the  title  of  censor.  Suet.  27. 
although  he  is  so  called  by  Macrobius,  Sat.  ii.  4.  and  Ovid 
says  of  him,  sic  agitur  c e n  sur  a,  &c.  Fast.  vi.  647.  Some 
of  the  succeeding  emperors  assumed  this  title,  particularly 
those  of  the  Flavian  family,  but  most  of  them  rejected  it, 
as  Trajan,  Plin.  Paneg.  45.  after  whom  we  rarely  find  it 
mentioned,  Dio.  liii.  18. 

Tiberius  thought  the  censorship  unfit  for  his  time,  {non  id 
tempus  censur<e)^  Tacit.  Ann.  ii.  ^^.  It  was  therefore  inter- 
mitted during  his  government ;  as  it  was  likewise  during 
that  of  his  successor. 

A  review  of  the  people  was  made  by  Claudius  and  L.  Vi- 
tellius,  the  father  of  the  emperor  A.  Vitellius,  A.  U.  800. 
Suet.  Claud.  16.  Vit.2.  by  Vespasian  and  Titus,  A.  U.  827. 
Suet.  Fesp.  8.  Tit.  6.  but  never  after.  Qtnsonuxxsdedienat, 
18.  says,  that  this  review  was  made  only  seventy-five  times 
during  650,  or  rather  630  years,  from  its  first  institution 
under  Servius  to  the  time  of  Vespasian ;  after  which  it  was 
totally  discontinued,  ibid. 

Decius  endeavoured  to  restore  the  cen.sorship  in  the  per- 
son of  Valerian,  but  without  effect.  The  corrupt  morals 
of  Rome  at  that  period  could  not  bear  such  a  magistrate, 
TrebeU,  PoUio  in  FaUr, 


144  ROMAN  ANTIQUITIES. 

IV.  TRIBUNES  of  the  People, 

THE  plebeians  being  oppressed  by  the  patricians  on  ac» 
count  of  debt,  Lm,  ii.  23,  &c.  at  the  instigation  of  one 
Sicinius,  made  a  secession  to  a  mountain,  jifterwards  called 
Mons  Sacer,  three  miles  from  Rome,  A.  U.*  260.  ibid.  32o 
nor  could  they  be  prevailed  on  to  return,  till  they  obtau>ed 
from  the  Patricians  a  remission  of  debts  for  those  who  u'ere 
insolvent,  and  liberty  to  such  as  had  been  given  up  to  serve 
their  creditors ;  and  likewise  that  the  Plebeians  should  have 
proper  magistrates  of  their  own  to  protect  their  rights,  whose 
persons  should  be  sacred  and  inviolable,  {socrnsancti),  Liv. 
iii.  55.  Dionys.  vi.  89.  They  were  called  TRIBUNES, 
according  to  Varro.  /.  iv.  14.  because  they  were  at  first  cre- 
ated from  the  tribunes  of  the  soldiers. 

Two  tribunes  were  at  first  created,  Cic.  pro  Corn.  1.  at 
the  assembly  by  cur i<s,  who ^  according  to  Livy,  created  three 
colleagues  to  themselves,  ii.  "3.  In  the  year  283,  they  were 
first  elected  at  the  Comitia  Tributa,  c.  58.  ?nd  A.  U.  297o 
ten  tribunes  were  created,  Liv.  iii.  30.  two  out  of  each  class, 
which  number  continued  ever  after. 

No  patrician  could  be  made  tribune,  unless  fii"st  adopted 
into  a  plebeian  family,  as  was  the  case  wit^i  Clodius,  the 
enemy  of  Cicero,  pro  Dom.  16.  Siiet.  Jul.  20.  At  one  time, 
however,  we  find  two  patricians  of  consular  dignity  elected 
tribunes,  Liv.  iii.  &5.  And  no  one  could  be  made  tribune 
or  plebeian  ajdile,  Vv  hose  father  had  borne  a  curule  office, 
and  was  alive,  Xw.  xxx.  19.  nor  whose  father  was  a  capuve/ 
xxviii.  21. 

The  tribunes  were  at  first  chosen  indiscriminately  from 
among  the  plebeians  ;  but  it  was  ordained  by  the.//^z;?m«  law, 
some  think  A.  U.  623,  that  no  one  should  be  made  tribune 
whowasnot  a  senator,  G/;://.  xiv.  8.  Suet.  Aug.  10.  And  we 
read,  that  when  there  Vvere  no  senatorian  candidates,  on  ac- 
count of  the  powers  of  that  office  being  dimir.islied,  Augus- 
tus chose  them  from  the  Eqmtes^  Suet.  Aug.  40-  Dio.  liv. 
26.  30.  But  others  think,  th-it  the  Atinianlaw  only  ordained, 
that  those  who  were  made  tribunes  should  of  course  be  sena- 
tors, and  did  not  prescribe  any  restriction  concerning  their 
election.    See  Ma?mtius  de  legg»    It  is  certain,  however. 


Tribunes.  145 

that  under  the  emperors,  no  one  but  a  senator  had  a  right  to 
stand  candidate  for  the  tribuneship,  (jus  tribunatus  peteti' 
di\  Phn.  Ep.  ii.  9. 

One  of  the  tribunes,  chosen  by  lot,  presided  atthecomzV 
tia  for  electing  tribunes,  Liv.  iii.  64.  wliich  charge  was  call- 
ed sors  comttiomm,  ibid.  After  the  abdication  of  the  de- 
cemviri, when  there  were  no  tribunes,  the  Pontifex  Maxi- 
vius  presided  at  their  elect!  )n,  c.  54.  If  the  assembly  was 
broken  oft"  {si  comitia  dirempta  esstntj,  before  the  ten  tri- 
bunes were  elected,  those  who  were  created  might  choose 
icooptare)  colleagues  for  themselves  to  complete  the  num- 
ber, c.  65.  But  a  law  was  immediately  passed  by  one 
Trebonius  to  prevent  this  for  the  future,  which  enacted, 
''  That  he  who  presided  should  continue  the  comitia,  and  re- 
call the  tribes  to  give  their  votes,  till  ten  were  elected,"  ibid. 

The  tribunes  always  entered  on  their  office  the  lOth  of 
December,  (ante  diem  quartum  Idus  Decembrist ^  because 
the  first  tribunes  were  elected  on  that  day,  Liv.  xxxix.  52. 
Dionys.  vi.  89.  In  the  time  of  Cicero,  however,  Asconius 
says,  it  was  on  the  5th  {nonis  Decembris),  in  prosem.  Verr. 
10.  But  this  seems  not  to  have  been  so  ;  for  Cicero 
himself  on  that  day  calls  Cato  tribunus  desisnatus^  pro 
Sext.  28. 

The  tribunes  wore  no  toga  pj'irtexta,  nor  had  they  any 
external  mark  of  dignity,  except  a  kind  of  beadle,  called  vi- 
ator, who  went  before  them.  It  is  thought  they  were  not  al- 
lowed to  use  a  carriage,  Cic.  Phil.  ii.  24.  Pint.  Qu^st. 
Jiom.  81.  When  they  administered^  justice,  they  had  no 
tribunal,  but  sat  on  subsellia  or  benches,  Ascon.  in  Cic. 
They  had,  however,  on  all  occasions,  a  right  of  preceden- 
cy ;  and  every  body  was  obliged  to  rise  in  their  presence, 
Plin,  Ep.  i.  23. 

The  power  of  the  tribunes  at  first  was  very  limited.  It 
f;onsisted  in  hindering,  not  in  acting,  Diom/s.xn.  17.  and 
was  expressed  by  the  word,  \''ETO,  I  forbid  it.  They 
nad  only  the  right  of  seizing,  but  not  of  summoning  ;  (pre- 
hensionem,  sed  nan  vocaiionem  hnbebanf),  Gell.  xiii.  12. 
Their  office  was  only  to  assist  the  plebeians  against  tho  pa- 
iricians  and  magistrates  ;  (Auxilii,  ?ion  poena  jus  datum 
iUi  pofestati':  Liv.  ir.  35,  vi.  37.    Hence  they  were  said,  es- 

X 


146  ROMAN  ANTIQUrn£S» 

se  privati^  sine  imp erioy  sine  magistratu^  ii,  56.  not  being 
dignified  with  the  name  of  magistrates,  Plutarch,  in  CorioL 
et  Qinest.  Rom.  81.  as  they  were  afterwards,  Liv.  iv.  2, 
iSall.  Jug.  37.  Tliey  were  not  even  allowed  to  enter  the 
senate.     See  p.  18. 

But  in  process  of  time  they  increased  their  influence  ta 
such  a  degree,  that,  under  pretext  of  defending  the  rights  of 
the  people,  they  did  almost  whatever  they  pleased.  They 
hindered  the  collection  of  tribute,  Liv.  v.  12.  the  enlisting 
of  soldiers,  iv.  1.  and  the  creation  of  magistrates,  which 
they  did  at  one  time  for  five  years,  Liv.  vi.  ^5.  They 
could  put  a  negative  (intercedere)  upon  all  the  decrees  of 
the  senate  and  ordinances  of  tl'ie  people,  Cic.  pro  Mil.  6. 
Liv.  xiv.  21.  Polyb.  vi.  14.  and  a  single  tribune  by  his  VE- 
TO, could  stop  the  proceedings  of  all  the  other  magistrates, 
which  Csebar  calls  extremumjus  tribunoru?n,  de  Bell.  Civ, 
i.  4.  Liv.  ii.  44.  iv.  6.  &  48.  vi.  35.  Such  was  the  force  of 
this  word,  that  whoever  did  not  obey  it,  whether  magistrate 
or  private  person,  was  immediately  ordered  to  be  led  to  pri* 
son  by  a  viator,  or  a  day  was  appointed  for  his  trial  before 
the  people,  as  a  violator  of  the  sacred  power  of  the  tribunes, 
the  exercise  of  which  it  was  a  crime  to  restrain,  (.in  ordinem 
e'o;jf?r6'),"Piin.  Ep.  i.  23.  Liv.  xxv.  3.  4.  Plutarch,  in  Mario. 
They  first  began  with  bringing  the  chief  of  the  patricians  to 
their  trial  before  the  Comitia  Iributa  ;  as  they  did  Coriola- 
nus,  Dionys.  vii.  Q5. 

If  any  one  hurt  a  tribune  in  word  or  deed,  he  was  held 
accursed,  {sacer)^  and  his  goods  were  confiscated,  Liv.  iii. 
55.  Dionys.  vi.  89.  vii.  17.  Under  the  sanction  of  this  law, 
they  carried  their  power  to  an  extravagant  height.  They 
claimed  a  right  to  prevent  consuls  from  setting  out  to  their 
provinces,  P///fcrc/^.  in  Crass.  Dio.  xxxix.  39.  and  even  to 
pull  victorious  generals  from  their  triumphal  chariot,  Cic. 
pro  Coel.  14.  They  stopped  the  course  of  justice  by  put- 
ting oif  trials,  Lw.  iii.  25.  Cic.  Phil.  ii.  2.  in  Fatin.  14.  and 
hindering  the  execution  of  a  sentence,  Cic,  de  prov.  cons.  8. 
Liv.  xxxviii.  60.  They  sometimes  ordered  the  military  tri- 
bunes, and  even  the  consuls  themselves,  to  prison,  Liv.  iv. 
26.  V.  9.  Etjit.  48.  55.  Cic.  in  Fatin.  9.  ^  10.  Bio.  xxxvii.  , 
50.  (as  the  Ephoi'i  at  Lacedremon  did  theu-  kings,  A'Vp.  in 


Tribunes.  147 

J^aus.  3.  whom  the  tribunes  at  Rome  resembled,  Cic.  cle 
/egg.  iii.  7.  b"  9.)  Hence  it  was  said,  Datum  subjugum  tri- 
bunitKe  potestatis  consulaium  fuisse^  Liv.  iv.  26. 

The  tribunes  did  not  usually  give  their  negative  to  a  law, 
till  leave  had  been  granted  to  speak  for  and  against  it,  Liv. 
i[lv.  21. 

The  only  effectual  method  of  resisting  the  power  of  the 
tribunes,  was  to  procure  one  or  more  of  their  number  {e  col- 
legia tribunorurn)y  to  put  a  negative  on  the  proceedings  of 
the  rest,  Liv.  ii.  44.  iv.  48.  vi.  ZS.  but  those,  who  did  so, 
might  afterwards  be  brought  to  a  trial  before  the  people  by 
their  colleagues,  Liv.  v.  29. 

Sometimes  a  tribune  was  prevailed  on  by  entreaties  or 
threats,  to  withdraw  his  negative,  {inter cessione  desistere)^ 
or  he  demanded  time  to  consider  it,  {noctem  sibi  ad  delibe- 
randum poatulavit  ;  se  postero  die  moram  nullam  essefactu- 
rum)^  Cic.  pro  Sext.  34.  Attic,  iv.  2.  Fam.  viii.  8.  or  the 
consuls  were  armed  with  dictatorial  power  to  oppose  him, 
Cas.  de  Bell.  Civ.  i.  5.  Cic.  Phil.  ii.  21.  &^22.  (See  p.  24.) 
from  the  terror  of  which,  M.  Antonius  and  Q.  Cassius  Lon- 
ginus,  tribunes  of  the  commons,  together  with  Curio  and  Coe- 
lius,  fled  from  the  city  to  C^sar  into  Gaul,  and  afforded  him 
a  pretext  for  crossing  the  river  Rubicon,  which  was  the 
boundary  of  his  province,  and  of  leading  his  army  to  Rome, 
ibid.  Dio.  xli.3.  Appian  Civil,  li.p.  448.  Plutarch,  in  des. 
p.  727.  Lucan.  i.  273. 

We  also  find  the  senate  exercising  a  right  of  limiting  the 
power  of  the  tribunes,  v/hich  was  called  CIRCUMSCRIP- 
TIO,  Cic.  Att.  vii.  9.  pro  Mill.  ^Z.  C'^s.  de  Bell.  Civ.  i.  32. 
and  of  removing  them  from  their  office,  a  republica  remo-. 
vendi,  i.  e.  curia  etforo  inter  die  endi)^  Cses.  de  Bell.  Civ.  iii. 
21.  Suet.  Jul.  16.  as  they  did  likewise  other  magistrates, 
ibid.  &  Cic.  Phil.  xiii.  9.  On  one  occasion  the  senate  even 
sent  a  tribune  to  prison,  Dio.  xl.  45.  but  this  happened  at  a 
time  when  all  order  was  violated,  ibid.  46. 

The  tribuneship  was  suspended  when  the  decemviri  were 
created,  Liv.  iii.  32.  but  not  when  a  dictator  was  appointed, 
vi.  38. 

The  power  of  the  tribunes  was  confined  to  the  city,  Dio- 
nys*  viii.  87.  and  a  mile  around  it;  (neque  enim provocation 


14%  ROMAN  ANTIQUITIES. 

Item  esse  longius  ah  urhe  mille  passumn)^  Liv.  iii-  20-  unless 
when  they  were  sent  any  where  by  the  senate  and  people ; 
and  then  they  might,  in  any  part  of  the  empire,  seize  even  a 
proconsul  at  the  head  of  his  army,  and  bring  him  to  Rome, 
(jure  sacrosancta  potestatis),  Liv-  xxix.  20- 

The  tribunes  were  not  allo^ved  to  remain  all  night  (pcr^ 
nocture)  in  the  country,  nor  to  be  above  one  whole  day  out  oi 
town,  except  during  the  Feri<«  LatirK^,  Dionys-  viii-  87-  and 
their  doors  were  open  day  and  night,  that  they  might  be  al- 
W::»s  rendy  lo  receive  the  requests  and  complaints  of  the 
wretched   GelL  iii-  2-  xiii-  12-  Macrob-  Sat-  i.  3- 

The  tribunes  were  addressed  by  the  name,  Tribuni- 
Those  who  implored  their  assistance,  {eos  appellabant^  eel 
auxilium  implorabant)^  said,  A  vobis,  Tribuni,  pos- 
TULo,  UT  MiHi  AUxiLio  siTis.  The  tribuncs  auswcrcd, 
AuxiLio  ERiMus,  vel  NGN  ERiMus,  Xzu.  iv.  26.  xxviii, 
45. 

When  a  law  was  to  be  passed,  or  a  decree  of  the  senate  to 
be  made,  after  the  tribunes  had  consulted  together,  (cum  in 
consilium  secessissent),  one  of  their  number  declared,  ex  sua 
collegarumqud  sententia  vel  pro  collegio  pronu?iciavit\  Se 

INTERCEDERE,  Vcl    NON  INTERCEDERE,  aut    MORAM 

F AGERE  comitiis  delectui.  &c.  Also,  se  non  passuros  /e*- 
gemferri\t\abrogari;  relationem  fieri  de,  &.c.  Pronuntiant 
placere,  &c.  This  was  called  DECRETUM  trihuno- 
rum^  Liv.  iii.  13.  &  alibi  passim.  Thus  ;  Medio  decreto  jus 
auxilii  sui  expediunt^  exert  their  right  of  intercession  by  a 
moderate  decree,  ib. 

Sometimes  the  tribunes  sat  in  judgment,  and  what  they 
decreed  was  called  their  EDICTUM,  or  decretu?n,  Cic. 
Verr.  ii.  41.  if  any  one  differed  from  the  rest,  he  likewise 
pronounced  his  decree  ;  thus,  Ttb.  Gracchus  ita  decrevit : 
Quo  MINUS  EX  BONIS  L.  SciPIONIS  qyoD  judicatum 

SIT,  redegatur,  se  non  INTERCEUERE  pr^etori. 

L.  SciPIONEM  NON  PAbSURUM  IN  CARCERE  EI 
IN   VINCULIS  ESSE,    MITTIO^UE  EUM  SE  JUBERE,  Z*?r» 

xxxviii.  60. 

The  tribunes  early  assumed  the  right  of  holding  the  comitia 
by  tribes,  and  of  making  laws  (PLEBISCITA),  which 
bound  the  whole  Roman  people,  Lib.  iii.  10.  &  55.  (See  p. 


Tributes.  149 

106.)  They  also  exercised  the  power  of  holding  the  senate, 
A.  U.  298.  Dionys.  x.  31.  Cic.  deJ.egg.  iii.  10.  ot  dismissing 
it,  when  assembled  by  another,  Jppian.  de  Bell.  Civ,  ii.  and 
of  making  a  motion,  although  tlic  consuls  were  present,  Civ. 
Phil.  vii.  1.  pro  Stxt.  11.  Tliey  likewise  sometimes  hinder- 
ed the  censors  in  the  choice  of  the  senate,  Dio-  xxxvii.  9. 

Th'."  tribunes  often  assembled  the  people  merely  to  make 
harangues  to  them,  {concL07ieni  advocabant  \t\  popiilum  ad 
concionem),  GclH  xii.  14.  By  the  ICILIAN  law  it  was  for- 
bidden, under  tlie  severest  penalties,  to  interrupt  a  tribune 
while  speaking,  Dionys.  vii.  17.  Cic.  pro  Sext.  37.  and  no 
one  was  allowed  to  speak  in  the  assemblies  summoned  by 
them  without  their  permission  :  Hence  concioncm  dare.,  to 
grant  leave  to  speak,  Cic.  Alt.  iv.  2.  inconcionem  ascender e., 
to  mount  the  rostra.,  ibid,  concionem  habere^  to  make  a 
speech,  or  to  hold  an  assembly  for  speaking  ;  and  so,  in  con- 
cionem venire^  Cic.  pro  Sext.  40.  in  concionejn  vocare,  &  in 
condone  stare,  id.  Acad.  iv.  47.  but  to  hold  an  assembly 
for  voting  about  any  thing,  was,  habere  comitia,  vel  AGIv 
RE  cam  populo,  Gell.  xiii.  15. 

The  tribunes  limited  the  time  of  speaking  even  to  the  con- 
suls themselves,  Cic.  pro  Rabir.  2.  and  sometimes  would 
not  permit  them  to  speak  at  all.  (See  p.  121.)  They  could 
bring  any  one  before  the  assemblj^  {ad  concionem  vel  iri  con- 
done producer  e').,  and  force  him  to  answer  what  questions 
were  put  to  him,  Cic.  in  Vatin.  10.  Pis.  6.  &'  7.  post.  red.  in 
Sen.  6.  Dio.  xxxviii.  16. 

By  these  harangues  the  tribunes  often  inflamed  the  popu- 
lace against  the  nobility,  and  prevailed  on  them  to  pass  the 
most  pernicious  laws. 

The  laws  which  excited  the  greatest  contentions,  were 
about  dividing  the  jiublic  lands  to  the  poorer  citizens,  (LE- 
GES AGRARLE),  Liv.  ii.  48.  iv.  vi.  11.  Ctc.  in  Pull.— 
about  the  distribution  of  corn  at  a  low  price,  or  for  nought, 
Xe^re*  FRUMENTARLE  ydannonaruc),  Liv.  Epit.  Ix. 
Ixxi.  Cic.  ad  Herenn.  i.  12.  pro  Sext.  25.  Ascon.  in  Cic— 
and  about  the  diminution  of  interest,  ide  lavajido  /arwre), 
and  the  abolition  of  debts,  either  in  whole  or  in  part,  (de  no 
vis  tabulis  i—leges  FOENEBRES),  Liv.  vi.  27.  ^^  35.  vii. 
16.  b'42.  XXXV.  7.  Paterc.  ii.  23.  See  p.  49. 


150  ROMAN  ANTIQUITIES, 

But  these  popular  laws  were  usually  joined  by  the  tribuncis 
with  others  respecting  the  aggrandizement  of  themselves  and 
their  order,  Liv.  vi.  2>5.  ts*  39.  and  when  the  latter  were 
granted,  the  former  were  often  dropped,  c.  42.  At  last,  how- 
ever, after  great  struggles,  the  tribunes  laid  open  the  way 
for  plebeians  to  all  the  offices  of  the  state. 

The  government  of  Rome  was  now  brought  to  its  just 
equilibrium.  There  was  no  obstruction  to  merit,  and  the 
most  deserving  weje  promoted.  The  republic  was  managed 
for  several  ages  with  quiet  and  moderation  (placide  modes- 
teque).  But  when  wealth  and  luxury  were  introduced,  and 
avarice  had  seized  all  ranks,  especially  after  the  destruction 
of  Carthage,  the  more  wealthy  plebeians  joined  the  patrici- 
ans, and  they  in  conjunction  engrossed  all  the  honours  and 
emoluments  of  the  state.  The  body  of  the  people  were  op- 
pressed ;  and  the  tribunes,  either  overawed  or  gained,  did 
not  exert  their  influence  to  prevent  it ;  or  rather  perhaps  their 
interposition  was  disregarded,  Sollust.  Jug.  41. 

At  last  Tiberius  and  Caius  Gracchus,  the  grandsons  of 
the  great  Scipio  Africanus  by  his  daughter  Cornelia,  bravely 
undertook  to  assert  the  liberties  of  the  people,  and  to  check 
the  oppression  of  the  nobility.  But  proceeding  with  too 
great  ardour,  and  not  being  sufficiently  supported  by  the 
multitude,  they  fell  a  sacrifice  to  the  rage  of  their  enemies. 
Tiberius,  while  tribune,  was  slain  in  the  capitol,  by  the  no- 
bility, with  his  cousin  Scipio  Nasica,  FontifexMaximus.,  at 
their  head  ;  A.  U.  620,  Appian.  de  Bell.  Civ.  i.  359,  and 
Caius,  a  few  years  after,  perished  by  means  of  the  consul 
Opimius,  who  slaughtered  a  great  number  of  the  plebeians, 
Sallust.  Jug.  16  &  42-  This  was  the  first  civil  blood  shed 
at  Rome,  which  afterwards  at  diffi^rent  times  deluged  the 
state,  Appian.  ibid-  i-  349-  Vel-  ii-  3.  From  this  period,  when 
arms  and  violence  began  to  be  used  with  impunity  in  the 
legislative  assemblies,  and  laws  enacted  by  force  to  be  held 
as  valid,  we  date  the  commencement  of  the  ruin  of  Roman 
liberty- 

The  fate  of  the  Gracchi  discouraged  others  from  espous- 
ing the  cause  of  the  people-  In  consequence  of  which,  the 
power  of  the  nobles  was  increased,  and  the  wretched  plebe- 
ians were  more  oppressed  than  ever,  Sallust- Jug-  SI* 


i' 


Tribunes.  iSl 

liut  in  the  Jugiirthine  war,  when,  by  the  Infamous  cor- 
ruption of  the  nobility  the  republic  had  been  basely  betray- 
cd,  the  plebeians,  animated  by  the  bold  eloquence  of  the  tri. 
bune  Memmius,  regained  the  ascendency,  Ibid-  40-  65-  73. 
&  84-  The  contest  between  the  two  orders  v\'as  renewed ; 
but  the  people  being  misled  and  abused  by  their  favourite, 
the  faithless  and  ambitious  Marius,  Dio  fragment,  xxxiv- 
94-  the  nobility  again  prevailed  under  the  conduct  of  Sylla» 

Sylla  abridged,  and  in  a  manner  extinguished  the  pov/er  of 
the  tribunes,  by  enacting,  "  That  whoever  had  been  tribune, 
should  not  afterwards  enjoy  any  other  magistracy ;  that  there 
should  be  no  appeal  to  the  tribunes  ;  that  they  should  not  be 
allovA'ed  to  assemble  the  people  and  make  harangues  to  them, 
nor  to  propose  laws,"  Liv-  Epit-  89-  Appian.  B.  Civ-  i-  413- 
but  should  only  retain  the  right  of  intercession,  C^^.  de  Bell' 
Civ  i.  6-  {injuriie  faciend^  potestatem  ademit^  auxilii  feren^ 
di  reliquit),  which  Cicero  greatly  approves,  Cic-  de  Legg' 
iii-  9. 

But  after  the  death  of  Sylla,  the  power  of  the  tribunes  was 
restored.  In  the  consulship  of  Cotta,  A.  U.  679.  they  ob- 
tained the  right  of  enjoying  other  offices,  Ascon.  in  Cic.  and 
in  the  consulship  of  Pompey  and  Crassus,  A.  U.  683.  all 
their  former  powers.  Sail.  Cat.  38.  Cic.  in  Verr.  \.  15.  dc 
Legg.  iii.  11.  a  measure  which  C^sar  strenuously  promot- 
ed, Suet.  Jul.  5. 

The  tribunes  henceforth  were  emploj'ed  by  the  leading 
men  as  the  tools  of  their  ambition.  Backed  by  a  hired  mob, 
{a  conducta  plehe  stipati),  they  determined  every  thing  by 
force.  They  made  and  abrogated  laws  at  pleasure,  Czc.  in 
.Pis.  4.  pro  Sext.  25.  They  disposed  of  the  public  lands 
and  taxes  as  they  thought  proper,  and  conferred  provinces 
and  commands  on  those  who  purchased  them  at  ih?  highest 
price,  Cic.  pro  Sext.  6,  10,  24,  26,  ^c.  pro  Dom.  8.  &  20. 
The  assemblies  of  the  people  were  converted  into  scenes  of 
violence  and  massacre ;  and  the  most  daring  always  pre- 
vailed, Cic. pro  Sext.  ^5,  36,  37,  38,  '^c.  Dio.  xxxix.  7,  8, 
Sec. 

Julius  Caesar,  who  had  been  the  principal  cause  of  these 
excesses,  and  had  made  the  violation  of  the  power  of  the  tri- 
bunes, a  pretext  for  making  war  on  lus  country,  (see  p.  147.) 


152  ROMAN  ANTIQUITIES. 

having  at  last  become  master  of  the  repubUc  by  force  oi 
arms,  reduced  that  power,  by  which  he  had  been  raised,  to 
a  mere  name  ;  and  deprived  the  tribunes  of  their  office  (po- 
testate prwavit)2itplQ2iii\ire,  Suet,  Jul.  79.  Dio.  xhv.  10.  ^ell. 
ii.  68. 

Augustus  got  the  tribunitian  power  to  be  conferred  on 
himself  for  life,  by  a  decree  of  the  senate,  Dio.  li.  19.  the  ex- 
ercise of  it  by  proper  magistrates,  as  formerly,  being  incon- 
sistent with  an  absolute  monarchy,  which  that  artful  usurper 
established.  Suet.  Aug.  27.  Tacit.  Amu  iii.  56.  This  power 
gave  him  the  right  of  holding  the  senate,  Dio.  liv.  3.  (see  p. 
14.)  of  assembling  the  people,  and  of  being  appealed  to  in  all 
case'  jio.  li.  19.  It  also  rendered  his  person  sacred  and  in- 
'  violable  ;  so  that  it  became  a  capital  crime  {crimen  M A- 
JESTATIS)  to  injure  him  in  word  or  deed,  Dio.  liii.  17. 
which,  under  the  succeeding  emperors,  served  as  a  pretext 
for  cutting  off  numbers  of  the  first  men  in  the  state,  and  prov- 
ed one  of  the  chief  supports  of  tyranny,  (ADJUMENTA 
REGNI),  Tacit-  Annal.  iii.  38.  Suet.  Tib.  58.  £sP61.  A^er- 
2>5.  Hence  this  among  other  powers  used  to  be  conferred 
€n\  the  emperors  in  the  beginning  of  their  reign,  or  upon  other 
solemn  occasions  ;  and  then  they  were  said  to  be  Tribunitia 
potestate  donatio  Capitol-  in  M.  Anton. — Vopisc-  in  Tacit> 
(see  p'  27.)  Hence  also  the  years  of  their  government  were 
called  the  years  of  their  tribunitian  power,  Dio.  liii.  17-  which 
are  found  often  marked  on  ancient  coins,  computed  not 
from  the  first  of  January,  nor  from  the  10th  of  December, 
Civ.  Id.  Dec.}  the  day  on  which  the  tribunes  entered  on  their 
office ;  but  from  the  day  on  which  they  assumed  the  empire. 

The  tribunes,  however,  still  continued  to  be  elected,  al- , 
though  they  retained  only  the  shadow  of  their  former  po\\er> 
{inaTietn  umbram  et  nine  honor e  nomcn)^  Plin.  Ep.  i.  23.  Pa- 
neg.  10,  &  95.  Tacit,  i.  77.  xiii.  28.  and  seem  to  have  re- 
mained to  the  time  of  Constantine,  who  abolished  this  with 
other  ancient  offices. 

V.  iEDILES. 

fTiHE  JEidileswtxt  named  from  their  care  of  the  buildings, 
■  JL    iacura  redium). 

The  .^diles  ^^'ere  either  plebeitin  or  curulc. 


/Ediles.  15,3 

rwo  .EDILES  PLEBEII  were  first  created,  A.  U.  260, 
ill  tlie  Comitia  Curlata,  at  the  Siuiic  time  with  the  tribunes  of 
the  commons,  to  be  as  it  were  their  assistants,  and  to  deter- 
mine certain  lesser  causes,  which  the  tribunes  committed  to 
tliem,  Dionys.  vi.  90.  They  A\'cre  afterwards  created,  as  the 
other  inferior  magistrates,  at  the  Comitia  Tributa. 

Two  .-^DILES  CURULES  were  created  from  the  patri, 
cians,  A.  U.  387,  to  exhibit  certain  public  games,  Liv.  vi, 
42.  They  were  first  chosen  alternately  from  the  patricitins 
and  plebeians,  but  afterwards  promiscuously  froraboth,  Liv, 
vii.  1.  at  the  Comitia  Thbuta,  Gell.  vi.  9. 

The  curule  asdiles  wore  the  toga  pr^etexta,  had  the  right 
of  images,and  a  more  honourable  place  of  giving  their  opinion 
in  the  senate,  Cic.  Fcrr.  v.  14.  They  used  the  sella  curulis. 
whenthey  administered  justice,  whence  they  had  their  name. 
Whereas  the  plebeian  sediles  sat  on  benches,  Ascon.  in  Cic» 
but  they  were  inviolable,  (SACROSANCTI),  as  the  tri- 
bunes, Festus^  Liv.  iii.  55. 

The  office  of  the  fiediles  was  to  take  care  of  the  city,  Cic. 
de  Legg.  iii.  3.  its  public  buildings,  temples,  theatres,  baths, 
basilica  ^"poriicos^  aqueducts,  common-sewers,  publicroads, 
&c.  especially  when  there  were  no  censors  ;  also  of  private 
buildings,  lest  they  should  become  ruinous,  and  deform  the 
city,  or  occasion  danger  to  passengers.  Thej'  likewise  took 
care  of  provisions,  markets,  taverns,  &c.  They  inspected 
those  things  which  were  exposed  to  sale  in  the  Forum  ;  and 
if  they  were  not  good,  they  caused  them  to  be  thrown  into  the 
Tiber,  Plant.  Rud.  ii.  3.  42,  They  broke  unjust  weights 
and  measures,  Juvenal,  x.  101.  They  limited  the  expen- 
ces  of  funerals,  Cic.  Phil.  ix.  7.  Ovid.  Fast.  vi.  663.  They 
restrained  the  avarice  of  usurers,  Liv.  x.  37.  They  fined  or 
banished  women  of  bad  character,  after  being  condemned 
by  the  senate  or  people,  Tacit.  An7i.  ii.  85.  Liv.  x.  31.  xxv. 
2.  They  took  care  that  no  new  gods  or  religious  ceremonies 
were  introduced,  Liv.  iv.  30.  They  punished  not  only  pe- 
tulant actions,  but  even  words,  Gell.  x.  6- 

The  Jcdiles  took  cognizance  of  these  things,  proposed- 
edicts  concerning  them,  Plant  Capt.  iv.  2.  v.  43.  and  lined 
delinquents. 

•  Y 


iS4  ROMAN  ANTIQUITIES. 

The  ^diles  had  neither  the  right  of  summoning  nor  of 
seizing,  miless  by  the  order  of  the  tribunes  ;  nor  did  they 
use  lictors  or  viatoresi  but  only  public  slaves,  GelL  xiii.  12. 
They  might  even  be  sued  at  law,  {in  ji(s  vocari,)  by  a  pri- 
vate person,  ibid.  13. 

It  belonged  to  the  Jcdiles,  particularly  the  curule  aediles, 
to  exhibit  public  solemn  games,  Liv.  xxiv.  43.  xxvii.  6. 
which  they  sometimes  did  at  a  prodigious  expence,  to  pave 
the  way  for  future  preferments,  Cic.  Off*,  ii.  16.  They  ex- 
amined the  plays  which  were  to  be  brought  on  the  stage, 
and  rewarded  or  punished  the  actors  as  they  deserved, 
Plant.  Trin.  iv.  2.  148.  Cist.  Epil.  3.  They  were  bound 
by  oath  to  give  the  palm  to  the  most  deserving,  Id.  Amphit. 
Prol.*l2.  Agrippa,  when  aedile  under  Augustus,  banished 
all  jugglers  {pr<sstigiatores)  and  astrologers,  Dio.  xlix.  43. 

It  was  peculiarly  the  office  of  the  plebeian  aediles  to  keep 
the  decrees  of  the  senate,  and  the  ordinances  of  the  people, 
in  the  temple  of  Ceres,  and  afterwards  in  the  treasury,  Liv, 
iii.  55. 

Julius  Caesar  added  two  other  aediles,  called  CEREA- 
LES,  (a  CerereJ,  to  inspect  the  public  stores  of  corn  and 
other  provisions.  Suet.  Jul.  41.  Dio.  xliii.  51. 

The  free  towns  also  had  their  aediles,  Juv.  iii.  179.  where 
sometimes  they  were  the  only  magistrates,  as  at  Arpinum, 
€ic.  Fam.  xiii.  11. 

The  jediles  seem  to  have  continued,  but  with  some  varia- 
tions, to  the  time  of  Constantine. 

VI.  QUiESTORS. 

THE  Qu32stors  were  so  called,  {a  qu«rend6),  because 
they  got  in  the  public  revenues,  {publicas  pecunias  con- 
quirebant)^  Varro  de  L.  L.  iv.  14- 

The  institution  of  quaestors  seems  to  have  been  nearly 
as  ancient  as  the  city  itself-  They  were  first  appointed  by 
the  kings,  according  to  Tacitus,  Annal  xi-  22.  And  then 
by  the  consuls,  to  the  year  307,  when  they  began  to  be 
elected  by  the  people  at  the  Comitia  Tributa,  Cic.  Fam-  vi^ 
30-  Others  say,  that  two  quaestors  were  created  by  the 
people  from  among  the  patri( Jans,  soon  after  the  expulsion 
of  Tarquin,  to  take  care  of  the  treasury,  according  to  a  law 


Qu^STORS.  155 

jfiassed  by  Valerius  Poplicola,  Plutarch-  i?i  Poplic'  Dionys. 
V.  34. 

In  the  year  333,  besides  the  two  city  qiisBstors,  two  others 
were  created  to  attend  the  consuls  in  war,  {ut  consulihus  ad 
ministeria  belli  presto  essent) ;  and  from  this  time  the 
quaestors  might  be- chosen  indiflVrently  from  the  plebeians 
and  p'ltricians,  Liv.  iv.  43.  Aft'  r  all  Italj'  was  subdued, 
four  more  were  added,  A.  U.  498.  about  the  same  time 
that  the  coining  of  silver  was  first  introduced  at  Rome,  Liv. 
Epit.  XV.  Sylla  increased  their  number  to  20,  {mpplendo 
senatui,  cut  jtidicia  tradrderat).  Tacit.  Ann.  xi.  22.  and 
Julius  Caesar  to  40,  Dion-  xliii.  47.  Under  the  emperors 
their  number  was  uncertain  and  arbitrary. 

Two  quaestors  only  remained  at  Rome,  and  were  called 
QU/ESTORES  URBANI ;  the  rest,  PRO  VINCIALES 
or  MILITARES. 

The  principal  charge  of  the  city  qa^stors  was  the  care  of 
the  treasury,  which  was  kept  in  the  temple  of  Saturn,  Suet. 
Claud.  24.  Pint.  Qu^est.  Pom.  40.  They  received  and  ex- 
pended the  public  money,  and  entered  an  account  of  their 
receipts  and  disbursements,  (in  tabulas  accepti  et  expensi 
referehant)^  Ascon.  in  Cic.  They  exacted  the  fines  impo- 
sed by  the  public,  IM),  xxxviii.  60.  Tacit.  Ann.  xiii.  28. 
The  money  thus  raised  was  called  ARGENTUM  MUL- 
TATITIUM,  Liv.   xxx.  39. 

The  quaestors  kept  the  military  standards  in  the  treasury, 
(which  were  generally  of  silver,  P/m.  xxxiii.  3.  s.  19.  some~ 
times  of  gold,  for  the  Romans  did  not  use  colours,  {.non  velis 
utebantur),  and  brought  them  out  to  the  consuls  when  go- 
ing upon  an  expedition,  Liv.  iii.  69.  iv.  22.  vii.  23.  They 
entertained  foreign  ambassadors,  provided  them  with  lodg- 
ings, and  delivered  to  them  the  presents  of  the  public,  Valer. 
Max.  V.  1.  They,  took  care  of  the  funerals  of  those  who 
were  buried  at  the  public  expence,  as  Menenius  Agrippa, 
Dionys.  Vi.Jitu  Sulpicius,  Cic.  Phil.  ix.  7.  They  exercised 
a  certain  jurisdiction,  especially  among  their  clerks,  Plut, 
in  Cat.  Min. 

Commanders  returning  from  war,  before  they  could  ob- 
tain a  triumph,  were  obliged  to  swear  before  the  qucestorsj 
that  they  had  \#ittcn  to  the  senate  a  true  accour.t  of  the. 


156  KOMAN  ANTIQUITIES. 

numberof  the  enemy  they  had  slain,  and  of  the  citizens  thai 
ivere  missing,  Valer.  Max.  ii.  8. 

The  provinces  of  the  quaestors  were  annually  distributed 
to  them  by  lot,  Cic.  pro  Mur.  8.  after  the  senate  had  deter- 
mined into  what  provinces  qiiccstors  should  be  sent.  Whence 
SORS  is  often  put  for  the  office  or  appointment  of  a  quaes- 
tor, Cic.  Verr.  i.  15.  Ccdcil.  14.  Fam.  ii.  19.  as  of  other  ma- 
gistrates, Id.  Verr.  Act.  i.  8.  Plane.  27.  Liv.  xxxv.  6.  and 
public  officers,  Cic.  Cat.  iv.  7.  or  for  tJie  condition  of  any 
one,  Horat.  Sat.  i.  \.  Ep.'i.  14.  11.  Suet.  Aug.  19.  Some- 
times a  certain  province  was  given  to  a  particular  quaestor 
by  the  senate  or  people,  Liv.  xxx.  33.  But  Pompey  chose 
Cassius  as  his  quaestor,  and  Caesar  chose  Antony,  of  them- 
selves, {sine  sorte),  Cic.  Att.  vi.  6.  Cic.  Phil.  ii.  20. 

The  office  of  the  provincial  quaestors  was  to  attend  the 
consuls  or  praetors  into  their  provinces  ;  to  take  care  that 
provisions  and  pay  were  furnished  to  the  army  ;  to  keep  the 
money  deposited  by  the  soldiers  (.nummos  ad  signa  deposi- 
tos).  Suet.  Dom.  8.  Veget.  ii.  20.  to  exact  the  taxes  and  tri- 
bute of  the  empire,  Cic.  in  Verr.  i.  14.  &  38.  to  take  care  of 
the  money,  and  to  sell  the  spoils  taken  in  war,  Liv.  v.  26. 
xxvi.  47.  Plaut.  Bacch.  iv.  9.  v.  153.  Polyh.  x.  19.  to  re- 
turn an  account  of  every  thing  to  the  treasury  ;  and  to  exer- 
cise the  jurisdiction  assigned  them  by  their  governors,  Cic. 
Divin.  in  Ciecil.  17.  Suet.  Jul.  7.  When  the  governor  left 
the  province,  the  quaestor  usually  supplied  his  place,  Cic.  ad 
Fam.  ii.  15.  &  18. 

There  subsisted  the  closest  connection  between  a  procon- 
sul or  propraetor,  and  his  quaestor,  {in  parentum  loco  quces- 
foribus  suis  erant),  Cic.  pro  Plane.  11.  Divinat.  in  Caecil. 
19.  ad  Fam.  xiii.  10.  26.  Plin.  Ep.  iv.  15.  If  a  qu^stor 
died,  another  was  appointed  bvthe  governor  in  his  room, 
called  PROQUiESTOR,  Cic.'inVerr.  i.  15.  &  36. 

The  place  in  the  camp  where  the  qu^stor's  tent  was,  and 
where  he  kept  his  stores,  was  called  QUiESTORIUM,  or 
Qu(£storium  forum^  Liv.  x.  32.  xli.  2.  so  also  the  place  in 
the  province,  where  he  kept  his  acpounts  and  transacted  bu- 
siness, Cic.  pro  Plane.  41. 

The  city  qusestors  had  neither  lictors  nor  viatores,  be- 
cause they  had  not  the  power  of  summoning  or  apprehend.. 


QUiESTORS.  157 

iiig,  Gell.  xiii.  12.  and  might  be  prosecuted  by  a  private  per- 
son before  the  prxtor,  ibid.  13.  Suet.  Jul.  23.  Tliey  could, 
however,  hold  tlic  Comitia ;  and  it  seems  to  have  been  a 
part  of  their  office  in  ancient  times  to  prosecute  those  guilty 
of  treason,  and  punish  them  when  condemned,  Z)iony 5.  viii. 
77.  Lw.  ii.  41.iii.  24.  25. 

The  provincial  quaestors  were  attended  by  lictors,  at  least 
in  the  absence  of  the  praetor,  Cic.pro  Plane.  41.  and  by 
clerks,  Cic-  in  Verr.  iii.  78. 

The  quae  worship  was  the  first  step  of  preferment,  {.prirmis 
gradiis  hoTioris),  Cic.  in  Verr.  i.  4.  which  gave  a  person  ad- 
mission into  the  senate,  Cic.  (see  p.  4.)  when  he  was  said 
adire  adrempiiblicam^  Cic.  or  rempuhlicam  capessere^  Vel. 
ii.  94.  It  was,  however,  sometimes  held  by  tliose  who  had 
been  consuls,  Dionys.  x.  23.  Liv.  iii.  25. 

Under  the  emperors  the  quaestorship  underwent  various 
changes.  A  distinction  vvas  introduced  between  the  treasury 
of  the  public  (/ERARIUM)  and  the  treasury  of  the  prince, 
(FISCUS)  Suet.  Aug.  102.  Tacit.  .4nnal.  vi-  2.  Plin.  Pan. 
36.  Dio.  liii.  16.  and  diiferent  officers  were  appointed  for  the 
management  of  each. 

Augustus  took  from  the  quaestors  the  charge  of  the  trea- 
sury, and  gave  it  to  the  pr  tors,  or  those  v/ho  had  been 
prsetors.  Suet.  Aug.  36.  Tacit.  Anii.  xiii.  28.  Dio.  liii.  2. 
but  Claudius  restored  it  to  the  quaestors.  Suet.  Claud.  24. 
Afterwards  prasfects  of  the  treasury  seem  to  have  been  ap- 
pointed, Plin.  Epist.  iii.  4.  Tacit.  Annal.  xiii.  28.  &  29. 

Those  Vvho  had  borne  the  qu^storship  used  to  assemble 
the  judges,  called  centumviri,  ?m(\  preside  at  their  courts; 
but  Augustus  appointed  that  this  should  be  done  by  the'DE- 
cEMviRi  litibus  judicandis.  Suet.  Aug.  36.  The  quaestors 
also  chose  the  Judices,  Dio.  xxxix.  7.  Augustus  gave  the 
qu?cstors  the  charge  of  the  public  records,  which  the  asdiles, 
and,  as  Dion  Cassius  says,  the  tribunes  had  formerly  exer- 
cised, /.  liv.  36.  But  this  too  was  afterwards  transferred  to 
pra^fects,  Tacit,  loc.  cit. 

Augustus  introduced  a  new  kind  of  quaestors  called  QU^- 
STORES  CANDIDATI,  or  candidati  principis  vel  Au- 
gusti ,  Suet.  Aug.  56.  Claud.  40.  vel  Ccesaris,  V^l.  ii.  124. 
who  used  to  carry  the  messages  of  the  emperor,  (Ubellos^  epis- 


158  ROMAN  ANTIQUITIES. 

tolas,  et  orationes),  to  the  senate,  Suet.  Tit.  6.  (See  p.  S5.) 
They  were  called  candidati,  because  they  sued  for  higher  pre- 
ferments, which  by  the  interest  of  the  emperor  they  were  sure 
to  obtain ;  hence,  Fetis  tanquam  Ccesaris  candidatus,  i.  e. 
carelessly,  Quinctilian,  vi.  3.  62. 

Augustus  ordained  by  an  edict,  that  persons  might  enjoy 
the  qu^storship,  and  of  course  be  admitted  into  the  senate, 
at  the  yge  of  twenty -two,  P/in.  Epist.  x.  83.  &  84. 

Under  the  emperors,  the  quaestors  exhibited  shews  of  gla- 
diators, which  they  seem  to  have  done  at  their  own  expence, 
as  a  requisite  for  obtaining  the  office,  Tacit.  Ann.  xi.  22. 
Suet.  Domit.  4. 

Constantine  instituted  a  new  kind  of  quaestors,  called 
QUiESTORES  PALATII,  who  were  much  the  same 
with  what  we  now  call  Chancellors,  Zosim.  v.  Procop.  de 
bell.  Pers. 

Other  ORDINARY  MAGISTRATES. 

THERE    were  various  other    ordinary    magistrates ; 
as, 

TRIUMVIRI  CAPITALES,  who  judged  concerning 
slaves  and  persons  of  the  lowest  rank.  Plant.  Aul.  iii.  2.  2. 
and  who  also  had  the  charge  of  the  prison,  Liv.  xxxii.  26, 
and  of  the  execution  of  condemned  criminals,  Sail.  Cat.  55, 

TRIUMVIRI  MONETALES,  who  had  the  charge  of 
the  mint,  {qui  auro,  argento,  ari,  Jlando^feriundo  prtferant, 
which  is  often  marked  in  letters,  A.  A,  A.  F.  F.)  Dio.  liv. 
26.  According  to  the  advice  of  Maecenas  to  Augustus, 
Dio.  Iii.  29.  it  appears  that  only  Roman  coins  were  permitted 
to  circulate  in  the  provinces,  Matth.  xxii.  20. 

NUMMULARII,  vd  pecuni^  pectatores,  of  assaymas- 
teYS,(.ad  quos  nummi  probandi  causa  defer ehantur^anpr obi  es- 
sent,  cujusauri,  an  subce7'ati,  an  requi  ponderis,  an  bonafusi- 
onis). 

TRIUMVIRI  NOCTURNI,  vel  tresviri,  who  had  the 
charge  of  preventing  fires,  (incendiis  per  u7-bem  arcendis pr^- 
erant),  Liv.  ix.  46.  and  walked  round  the  watches  in  the 
night-time,  (vigilias  circumibant),  attended  by  eight  lictors, 
Plant.  Amphit.  \.  1.  3. 

QUATUOR  VIRI  VI ALES,  vel  viocuri  {quivias  cura^ 
bant),  who  had  the  charge  of  the  streets  and  public  road§i 


Ordinary  Magistrates.  159 

All  these  magistr  .ites  used  to  be  created  by  the  people  at 
the  Comitia  Tributa. 

Some  cKld  to  the  Magistratus  Ordinarii Minor es,  the  CEN- 
TUM VlRi  htibusjudicundis,  (vel  stlitiOusjudkandis,  for  so 
it  was  ancicnti}'  wriiten),  a  body  of  men  chosen  out  of  every 
tribe,  (so  that  properly  there  were  105),  for  judging  such 
causes  as  the  praetor  committed  to  their  decision  ;  and  also 
the  DECEMVlRi  litibusjudicandis.  But  these  were  gene- 
rally not  reckoned  magistrates,  but  only  judges. 

New  ORDINARY  MAGISTRATES  under  the 
EMPERORS. 

AUGUSTUS  instituted  several  new  offices ;  as.  Ciira- 
tores  operum  publicorum,  viarum  aquarum,  alvei  Tibe- 
ris.,  sc  repurgandi  et  laxiorisfaciendi^frumenti  populo  divi- 
dundi;  persons  Who  had  the  charge  of  the  public  works,  of  the 
f oads,  of  bringing  water  to  the  city,  of  cleaning  and  enlarg- 
ing the  channel  of  the  Tiber,  and  of  distribufing  corn  to  the 
people,  Suet.  Au^.  37.  The  chief  of  these  offices  were, 

I.  The  governor  of  the  city,  (PR^FECTUS  URBI,  vel 
nrbis)^  whose  power  was  veiy  great,  and  generally  continued 
■for  several  years,  Tacit.  Ann.  vi.  11. 

A  praefect  of  the  city  used  likewise  formerly  to  be  chosen 
occasionally  {in  tempiis  deligebatiir)^  in  the  absence  of  the 
kings,  and  afterwards  of  the  consuls.  He  was  not  chosen  by 
the  people,  but  appointed,  first  by  the  kings,  and  afterwards 
by  the  consuls,  ia  regibusimpositi;  Postea  consules  marula- 
bant,  Tacit,  ibid.)  He  might,  however,  assemble  the  senate, 
even  although  he  was  a  senator,  Gell.  xiv.  c,  ult.  and  also 
hold  the  comitia,  Liv.  i.  59.  But  after  the  creation  of  the  prae- 
tor, he  used  only  to  be  appointed  for  celebrating  the  Ferim 
Latince,  or  Latin  holy-days. 

Augustus  instituted  this  magistracy  by  the  advice  of 
Mtccenas,  Z)zo.  lii.  21.  who  himself  in  the  civil  wars  had 
been  intrusted  by  Augustus  with  the  charge  of  the  city  and 
of  Italy,  (ctinctis  apiid  Roman  at  que  Italiam  propositus). 
Tacit,  ibid.  Hon  Od.  iii.  8.  17.  Ibid.  29. 25.  The  first  pre- 
fect of  the  city  was  Messala  Corvinus,  only  for  a  few  days; 
after  him  Taurus  Statilius,  and  tlien  Fiso  for  twenty  years. 
He  Ivas  usually  chosen  from  among  the  principal  men  in  the 


160  ROMAN  ANTIQUITIES. 

state,  (ex  virisprimariis  vel  consularibus).  His  office  com- 
prehended many  things,  which  had  formerly  belonged  to 
the  praetor  and  aediles.  He  administered  justice  between 
masters  and  slaves,  freedmen  and  patrons  ;  he  judged  of  the 
crimes  of  guardians  and  curators ;  he  checked  the  frauds 
of  bankers  and  money-brokers ;  he  had  the  superintendance 
of  the  shambles,  icarnis  curam  gerebat),  and  of  the  public 
spectacles  ;  in  short,  he  took  care  to  preserve  order  and  pub- 
lic quiet,  and  punished  all  transgressions  of  it,  not  only  in 
the  city,  but  within  a  hundred  miles  of  it,  (intra  centesi- 
mumab  urbe  lapidem),  Dio.  lii.  21.  He  had  the  power  of 
banishing  persons  both  from  the  city  and  from  Italy,  and  of 
transporting  them  to  any  island  which  the  emperor  named, 
(in  insulam  deportandi),  Uipian.  de  off.  Praef.  Urb. 

The  prsefect  of  the  city  was,  as  it  were,  the  substitute 
ivicarius'),  of  the  Emperor,  and  had  one  under  him,  who 
exercised  jurisdiction  in  his  absence,  or  by  his  command. 

The  prasfect  of  the  city  seems  to  have  had  the  same  insig- 
nia with  the  praetors. 

II.  The  prasfect  of  the  praetorian  cohorts,  (PR.^FEC- 
TUS  PRtETORIO,  vel  prcetoriis  cohortibus) ;  or  the  com- 
mander of  the  emperor's  body  guards. 

Augustus  instituted  two  of  these  from  the  equestrian  order, 
by  the  advice  of  Maecenas,  that  they  might  counteract  one 
another,  if  one  of  them  attempted  anv  innovation,  Z)zo.  lii.  24. 
Their  power  was  at  first  but  small,  and  merely  military. 
But  Sejanus,  being  alone  invested  by  Tiberius  with  this 
command,  increased  its  influence,  (vim  prcefecturce  modi- 
cam  antea  intendit),  by  collecting  the  praetorian  cohorts,  for- 
merly dispersed  through  the  city,  into  one  camp,  Tacit> 
Ann.  iv.  2.  Suet.  Tib.  37. 

The  prsefect  of  the  pnetorian  bands  was  under  the  succeed- 
ing emperors  made  the  instrument  of  their  tyTanny,  and 
therefore  that  office  was  conferred  on  none  but  those  whom 
they  could  entirely  trust. 

They  always  attended  the  emperor  to  execute  his  com- 
mands ;  hence  theit  power  became  so  great,  that  it  was  little 
inferior  to  that  of  the  emperor  himself,  (ut  non  multum  abfiie- 
rit  a  principatu ;  muniis  proximnm  vel  alterum  ah  Augusti 
imperio,  Vic.  de  C?-s.  9.)   Trials  and  appeals  were  brought 


Ordinary  MACisxRATEg  16i 

Defore  them  ;  and  fro»n  their  sentence  there  was  no  appeal, 
unless  by  way  ot  supplication  to  the  emperor. 

The  praetorian  pracl'cct  was  appointed  to  his  office  by  the 
emperor's  delivering  to  him  a  sword,  Plin.  Pancg.  67.  //<?- 
rod.  in.  2.  Dio.  Ixviii.  33. 

Sometimes  there  wasbut  one  praefect.and  sometimes  two, 
Constantine  created  four  prtsfecti  pnetoria  :  but  he  changed 
their  office  very  much  from  its  original  institution  ;  for  he 
made  it  civil  instead  of  military,  and  divided  among  them, 
the  care  of  the  whole  empire.  To  one  he  gave  the  command 
of  the  east ;  to  another  of  Ulyricum  ;  to  a  third  of  Italy  and 
Africa  ;  and  to  a  fourth  of  Gaul,  Spain,  and  Britain  :  but 
he  took  from  them  the  command  of  the  soldiers,  and  trans- 
ferred that  to  officers,  who  were  called  magistri  eguifum. 

Under  each  of  these  prafecti  prcetorio  Were  several  sub- 
stitutes ivicarii),  vvho  had  the  charge  of  certain  districts, 
which  were  called  DICECESES  ;  and  the  chief  city  in 
each  of  these,  where  they  held  their  courts,  was  called  ME- 
TROPOLIS. Each  dioecesis  might  contain  several  metro- 
poles-,  and  each  metropolis  had  several  cities  under  it.  But 
Cicero  uses  DICECESIS  for  the  part  of  a  province,  ad  At" 
tic.  V.  21.  Fam.  iii.  8.  xiii.  53.  67.  and  calls  himself  EPIS- 
COPUS,  inspector  or  governor  of  the  Campanian  coast,  as 
of  a  dioecesis^  ad  Att.  vii.  11. 

III.  PRi^FECTUS  ANNON^,  wtXreifrumentarice, 
who  had  the  charge  of  procuring  corn. 

A  magistrate  used  to  be  created  for  that  purpose  on  extra- 
ordinary occasions  under  the  republic  :  thus  L.  Minutius, 
Liv.  iv.  12.  and  so  afterwards  Pompey  with  greater  power, 
Comnis potestas  ret  frumentarics  toto  orbe  in  quinquennium 
€i  data  est).,  Cic.  Att.  iv.  1.  Dio.  xxxix.  9.  Liv.  Epit.  104. 
Plin.  Pan.  29.  In  the  time  of  a  great  scarcity,  Augustus 
himself  undertook  the  charge  of  providing  corn,  {prxfectu- 
fam  annonx  suscepit)^  and  ordained,  that  for  the  future  two 
men  of  praetorian  dignity  should  be  annually  elected  to  dis- 
charge that  office,  Dio.  liv.  1.  Afterwards  he  appointed 
four,  ibid.  17.  and  thus  it  became  an  ordinai-y  magistracy. 
But  usually  there  seems  to  have  been  but  one  prafectus 
Hunonc,    It  was  at  first  an  office  of  great  dignity,  Torift 

Z 


162  ROMAN  ANTIQUITIES. 

Ann.  I.  7.  xi.  31.  Hist.'w.  68.  but  not  so  in  after  times, 
Boeth.  de  Consol.  Fhil.  iii. 

IV.  PRiEFECTUS  iMILITARlS  i^RARII,  a  person 
who  had  the  charge  of  the  pubhc  fund,  which  Augustus  in- 
stituted for  the  support  of  the  army,  {cerarium  mihtare  cum 
novis  vectigalibus  ad  tuendos  prosequendosque  nnlitesj  Suet. 
Aug.  49  ) 

V.  PRiEFECTUS  CLASSIS,  admiral  of  the  fleet.  Au- 
gustus equipped  two  fleets,  which  he  stationed,  iconstituit), 
the  one  at  Ravenna  on  the  Hadriatic,  and  the  other  at  Misena 
or  -um  on  the  Tuscan  sea.  Each  of  these  had  its  own  pro- 
per commander,  (pra'/eciu.<i  classis  Ravennatis,  Tacit.  Hist, 
iii.  12.  et  prcefectus  classis  Misenatmm^  Veget.  iv.  32.) 
There  were  also  ships  stationed  in  other  places  ;  as,  in  the 
Pontus  Euxinus,  Tacit.  H?st.  ii.  83.  near  Alexandris^,  Suet, 
Aug.  98.  on  the  Rhine,  F/or.  iv,  12.  and  Danube,  Tacit.  An- 
nal.  xiii.  30.  &c. 

.  VI.  PRiEFECTUS  VIGILUM,  the  officer  who  com- 
manded the  soldiers  who  were  appoiiited  to  watch  the  city. 
Of  these  there  were  seven  cohorts,  one  for  every  two  wards, 
(u7ia  cohors  binis  regionibus),  composed  chiefly  of  manumit- 
ted slaves,  {libertino  milite).  Suet.  Aug,  25.  and  30.  Those 
who  guarded  adjoining  houses  in  the  night  time,  carried  each 
of  them  a  bell,  (x;»^«»,  tintinnabulu??i),  to  give  the  alarm  to 
one  another,  w  hen  any  thing  happened.  T)io.  liv.  4. 

The  prc^fectus  vigilum  took  cognizance  of  incendiaries, 
thieves,  vagrants,  and  the  like  ;  and  if  any  atrocious  case 
happened,  it  was  remitted  to  the  praefect  of  the  city. 

There  were  various  other  magistrates  in  the  latter  times  of 
the  empire,  called  Comites^  Correctores,  Duces,  Magistri 
Officiorum,  Scrinionimy  he.  who  were  honoured  with  vari- 
ous  epithets  according  to  their  different  degrees  of  dignity  ; 
as,  Clarissimi,  iilustres,  spectabilesy  egregii,  perfect  is  simi^ 
Sic.  The  highest  title  was,  Jiobilissimus  and  gloriosissinius- 

EXTRAORDINARY  MAGISTRATES. 

I.  DICTATOR  and  MASTER  o/ HORSE. 

'TH HE* dictator  was  so  called,  either  because  he  was  named 

-■  by  the  consul,  (quod  a  consule  diceretnr,  cui  dicto  om- 

Ties  audientes  essent,  VaiTo  de  Lat.  ling.  iv.  14.)  or  rather 


Extraordinary  Magistrates-  16S 

from  his  publisliing  edicts  or  orders,  ia  dictando,  qiiodmulta 
dictjret,  i.  e.  ecliceret  :  et  homines  pro  legibus  haberent  qua: 
d'ceret,  Suet.  Jul.  77.)  He  was  also  called  magister  populi^ 
Sen.  Episl.  108.  m\<\  prator  maximus^  Liv.  vii.  3. 

This  magistracy  seems  to  have  been  borrowed  from  the 
Albins,  or  L.icins,  Liv.  i.  23.  Cic,  pro  Mil.  10. 

It  is  uncertain  who  was  first  created  dictator,  or  in  what 
year.  Livy  says,  that  T.  Lartiiis  was  first  created  dictator, 
A.  CJ.  253,  nine  years  after  the  expulsion  of  the  kings,  ibid. 
The  first  cause  of  creating  a  dictator  was  the  fear  of  a  do- 
mestic sedition,  and  of  a  dangerous  war  from  the  Latins.  As 
the  authority  of  the  consuls  was  not  sufficiently  respected, 
on  account  of  the  liberty  of  appeal  from  them,  it  was  judged 
proper,  in  dangerous  conjunctures,  to  create  a  single  magis- 
trate with  absolute  power,  from  whom  there  should  be  no 
appeal,  Liv.  ii.   18.  29.  iii.  20.  Cic.  de  Leg.  iii.  3.  and  who 
sh  juld  not  be  restrained  by  the  interposition  of  a  colleague, 
Dionys.  v.  70,  ^c. 
A  dictator  was  afterwards  created  also  for  other  causes : 
As,  1.  For  fixing  a  nnW  Cciavi^gendivd.  pangendi  causa  J 
in  the  right  side  of  the  temple  of  Jupiter,  which  is  supposed 
to  have  been  done  in  tho^e  rude  ages,  (cum  litem  erant  ra- 
r<^J,  to  mark  the  number  of  years.    This  was  commonly 
done  by  the  ordinary  magistrate ;  but  in  the  time  of  a  pesti- 
lence, or  of  any  great  public  calamity,  a  dictator  was  created 
for  that  purpose,  Cguta  majus  i?npenum  erat)^  to  avert  the 
divine  wrath,  Liv.  vii.  3.  viii.  18. 
2.  For  holding  the  comitia,  Liv-  viii-  23-  ix-  7-  xxv.  2* 
3-  For  the  sake  of  instituting  holidays.  Id-  vii-  28«  or  of 
celebrating  games  when  the  praetor  was  indisposed,  Liv. 
viii.  40.  ix-  34. 

4.  For  holding  trials,  {qw^stiombiis  exercendis),  Id.  ix. 
2G. 

And,  5.  Once  for  chusing  senators,  (qui  senatum  legeret)^ 
on  which  occasion  tliere  were  two  dictators,  one  at  Rome, 
and  anotlier  commanding  an  army,  which  never  was  the 
case  at  any  other  time,  Liv.  xxiii.  22,  &c. 

The  dictator  was  not  created  by  the  suffrages  of  the  peo- 
ple, as  the  other  magistrates ;  but  one  of  the  consuls,  by  or- 
der of  the  senate,  named  as  dictator  whatever  person  of  ccn^ 


164  ROMAN  ANTIQUITIES. 

siilar  dignity  he  thought  proper ;  and  this  he  did,  after  hav^ 
ing  taken  the  auspices,  usually  in  the  dead  of  the  night,  {noC" 
te  silentio^  ut  mos  est^  dictatorem  dixit),  Liv.  ix.  38.  viii.  23« 
Dionys.  x.   23.  {post  mediam  noctem)^  Fest.  in  voce,  si- 

LENTIO,  SINISTRUM,et  SOLIDA   SELLA. 

One  of  the  military  tribunes  also  could  name  a  dicta- 
tor ;  about  which  Livy  informs  us  there  was  some  scruple, 
iv.  31. 

A  dictator  might  be  nominated  out  of  Rome,  provided 
it  was  in  the  Roman  territory,  which  was  limited  to  Italy, 

Sometimes  the  people  gave  directions  whom  the  consul 
should  name  dictator,  Liv.  xxvii.  5. 

Sylla  and  C'aesar  were  made  dictators  at  the  comitia,  an 
interrex  presiding  at  the  creation  of  the  former,  and  Lepi- 
dus  the  prastor  at  the  creation  of  the  latter,  Cic.  pro  RulL 
iii.  2.  Ccss.  bel.  civ.  ii.  \9.Dio.  xli.  36. 

In  the  second  Punic  war,  A.  U.  536,  after  the  destruction 
of  the  Consul  Flaminius  and  his  army  at  the  Thrasimene 
lake,  when  the  other  consul  was  absent  from  Rome,  and 
word  could  not  easily  be  sent  to  him,  the  people  created  Q. 
Fabius  Maximus  PRODICTATOR,  and  M.  Minucius 
Rufus  master  of  horse,  Liv.  xxii.  8,  &  31. 

The  power  of  the  dictator  was  supreme  both  in  peace 
and  war.  He  could  raise  and  disband  armies  ;  he  could 
determine  about  the  life  and  fortunes  of  Roman  citizens, 
without  consulting  the  people  or  senate.  His  edict  was  ob- 
served as  ari  oracle  {pro  numine  observatum)^  Liv.  viii. 
34.  At  first  there  was  no  appeal  from  him,  till  a  law  was 
passed,  that  no  magistrate  should  be  created  without  the 
liberty  of  appeal,  (sine  provocatione),  first  by  the  consuls 
Horatius  and  Valerius,  A.  U.  304.  Liv.  iii.  55.  and  after- 
wards by  the  Consul  M.  Valerius,  A.  U.  453,  Liv.  x.  9, 
Festusin  voc.  optima  lex.  But  the  force  of  this  law  with 
respect  to  the  dictator  is  doubtful.  It  was  once  strongly 
contested,  Liv.  viii.  33.  but  never  finally  decided. 

The  dictator  was  attended  by  twenty-four  lictors  with 
i^t fasces  and  secures  even  in  the  city,  Liv.  ii.  18.  so  that 
Livy  justly  calls  imperium  dictatoris,  suo  ingenio  vehetnens, 
ii.  30. 

When  a  dictator  was  created,  all  the  other  magistrates 


EXTRAOHDINARY    MAGISTRATES.  165 

abdicated  their  authority,  except  the  tribunes  of  the  com- 
mons, Polyh.  iii.  87.  The  consuls  however  still  continued 
to  act,  Lw.  iv.  27.  but  in  obedience  to  the  dictator,  and 
without  any  ensigns  of  authority  hi  his  presence,  Liv.  xxii. 
11. 

The  power  of  the  dictator  was  circumscribed  by  certain 
limits. 

1.  It  only  continued  for  the  space  of  six  months,  {semes- 
tris  dictatura),  Liv.  ix.  34.  even  although  the  business  for 
which  he  had  been  created  was  not  finished,  and  was  never 
prolonged  beyond  that  time,  except  in  extreme  necessity,  as 
in  the  case  of  Camillus,  Xzi;.  vi.  1.  For  Sylla  and  Caesar 
usurped  their  perpetual  dictatorship,  in  contempt  of  the  laws 
of  their  country. 

But  the  dictator  usually  resigned  his  command  whenever 
he  had  effected  the  business  for  which  he  liad  been  created. 
Thus  Q.  Cincinnatus  and  Mamercus  /Emiliiis  abdicated 
the  dictatorship  on  the  16th  day,  Liv.  iii.  29.  iv.  34.  Q. 
Servilius  on  the  eighth  day,  Id.  iv.  47,  Sec. 

2.  The  dictator  could  lay  out  none  of  the  public  money, 
without  the  authority  of  the  senate,  or  the  order  of  the  peo- 
ple. 

3.  A  dictator  was  not  permitted  to  go  out  of  Italy,  which 
was  only  once  violated,  and  that  on  account  of  the  most  ur- 
gent necessity,  in  Atilius  Calatinus,  Liv.  epit.  xix. 

4.  The  dictator  was  not  allo'.A-ed  to  ride  on  horseback, 
without  asking  the  permission  of  the  people,  Liv.  xxiii.  14. 
to  shew,  as  it  is  thought,  that  the  chief  strength  of  the  Ro- 
man army  consisted  in  the  infantry. 

But  the  principal  check  against  a  dictator's  abuse  of  pow- 
er was,  that  he  might  be  called  to  an  account  for  his  conduct 
when  he  resigned  his  office,  Liv.  vii.  4. 

For  120  years  before  Sylla,  the  creation  of  a  dictator  was 
disused :  but  in  dangerous  emergencies  the  consuls  were 
armed  with  dictatorial  power.  xAfter  the  death  of  Caesar, 
the  dictatorship  was  for  ever  abolished  from  the  state,  by  a 
law  of  Antony  the  consul,  Cic.  Phil.  i.  1.  And  when  Au- 
gustus was  urged  by  the  i^eople  to  ac  ept  the  dictatorship, 
he  refused  it  with  the  strongest  narks  of  aversion,  {genu  nix- 
HSy  dejecta  ab  humeris  toga^  niido  pectorey  deprecatus  est), 


166  ROMAN  ANTIQUITIES. 

Suet.  Aug.  52.  Possessed  of  the  power,  he  wisely  declin- 
ed an  odious  appellation,  Dio.  liv.  1.  For,  ever  since  the 
usurpation  of  Sylla,  the  dictatorship  was  detested  on  ac- 
count of  the  cruelties  which  that  tyrant  had  exercised  under 
the  title  of  dictator. 

To  allay  the  tumults  which  followed  the  murder  of  Clo- 
dius  by  Milo,  in  plfice  of  a  dictator,  Ponipey  was  by  an  un- 
precedented measure  made  sole  consul,  A.  U.  702,  Dio.  xl. 
50.  He,  however,  on  the  first  of  August,  assumed  Scipio, 
his  father-in-law,  as  colleague,  Dio.  xl.  51. 

When  a  dictator  was  created,  he  immediately  nominated 
(dixit)  a  master  of  horse,  (MAGISTER  EQUITUM), 
usually  from  among  those  of  consular  or  praetorian  digiaty, 
whose  proper  office  vv'as  to  command  the  cavalry,  and  also  to 
execute  the  orders  of  the  dictator.  M.  Fabius  Buteo,  the 
dictator  nominated  to  chuse  the  senate,  had  no  master  of 
horse. 

Sometimes  a  master  of  horse  was  chosen  {datus  vel  addi- 
tus  est)  for  the  dictator,  by  the  senate  or  by  the  order  of  the 
people,  Liv.  vii.  12,  24,  28. 

The  magister  equitum  might  be  deprived  of  his  command 
by  the  dictator,  and  another  nominated  in  his  room,  Liv. 
•viii.  35. 

The  people  at  one  time  made  the  master  of  horse,  Minu» 
cius,  equal  in  command  with  the  dictator,  Fabius  Maxi- 
mus,  Liv.  XX ii.  26. 

The  master  of  horse  is  supposed  to  have  had  much  the 
same  insignia  with  the  praetor,  six  lictors,  the  pr<etexta^  &.c. 
Dio.  xlii.  27.  He  had  the  use  of  a  horse,  which  the  dictator 
had  not  without  the  order  of  the  people. 

II.  The  DECEMVIRS. 

THE  laws  of  Rome  at  first,  as  of  other  ancient  nations, 
were  very  few  and  simple.  Tacit.  Ann.  iii.  26.  It  is 
tliought  there  was  for  some  time  no  written  law,  (nihil  scripti 
juris).  Differences  were  determined  (htes  dirimebantur)  by 
the  pleasure  of  the  kings,  (regum  arbitrio),  according  to  the 
principles  of  natural  equity,  {ex  ^^qiio  et  bono),  Senec.  Epist. 
90.  and  their  decisions  were  held  as  laws,  Dionys*  x.  1. 
The  kings  used  to  publish  tlieir  commands,  either  by  past- 


Decemvirs.  167 

ing  them  up  in  public  ou  a  white  wall  or  tablet,  {in  album  re- 
lata  propojiiTe  in  puhlico)^  Liv.  i.  32.  or  by  a  herald,  lb.  44. 
Hence  they  v\ere  buid,  omnia  MANU  gubernare,  Pompon. 
1.  2.  ^  3.  D.  de  orig.  jur.  (i.  e.  potentate  et  impeiio.  Tacit. 
Agric.  9.) 

The  kings,  however,  in  every  thing  of  importance  con- 
sulted the  senate  and  likev.  ise  the  people.  Hence  we  read  of 
the  LKGi:S  CURIAT/E  of  Kon.ulus  and  of  the  other 
kings,  uiiich  were  also  called  LEGES  REGIiil,  Liv.  v.  1. 
B  It  the  chief  legislator  was  Servius  Tnilius  {pr'i:ci})uus 
junctor  It  gum)  ^  T-c.  Ann.  iii.  26.  all  whose  laws  however 
were  aboli  >hed  at  once  {uno  edicto  suhlat^)^  by  Tarquinius 
Supcrbus,  Dionys.  iv.  43. 

After  the  expulsion  of  Turquin  the  institutions  of  the 
kings  were  observed,  not  as  written  law,  but  as  customs, 
(tanquam  mores  majorwn)  ;  and  the  consuls  determined 
most  causes  as  the  kings  had  done,  according  to  their  plea- 
sure. 

But  justice  being  thus  extremely  uncertain,  as  depending 
on  the  will  of  an  individual,  (zw  unius  voluntate  positiim^  Cic. 
Fam.  ix.  16.)  C.  Terentius  Arsa,  a  tribune  of  the  commons, 
proposed  to  the  people,  that  a  body  of  laws  should  be  drawn 
up,  to  which  all  should  be  obliged  to  conform,  {quo  omnes 
7iti  deberent).  But  this  was  violently  opposed  by  the  patri- 
cians, in  whom  the  whole  judicative  power  was  vested,  and 
to  whom  the  knowledge  of  the  few  laws  which  then  existed 
was  confined,  Liv.  iii.  9. 

At  last,  however,  it  was  determined,  A.  U.  299.  by  a  de- 
cree of  the  senate  and  by  the  order  of  the  people,  that  three 
ambassadors  should  be  sent  to  Athens  to  copy  the  famous 
laws  of  Solon,  and  to  examine  the  institutions,  customs,  and 
laws  of  the  other  states  in  Greece,  Z/fv.  iii.  31.  Plin.  Ep.  viii. 
24. 

Upon  their  return,  ten  men  (DECEMVIRI)  were  creat- 
ed from  among  the  Patricians,  with  supreme  power,  and 
without  the  liberty  of  appeal,  to  draw  up  a  body  of  laws  {le- 
gibus  scribendis),  all  the  other  magistrates  having  first  abdi- 
cated their  office,  Liv.  iii.  32.  &  33. 

The  decemviri  at  first  behaved  with  great  moderation, 
Each  administered  justice  to  the  people  every  tentli  day. 


168  ROMAN  ANTIQUITIES. 

The  twelve  fasces  were  carried  before  him  who  was  to  pte  - 
side  :  and  his  nine  colleagues  were  attended,  by  a  single  of* 
ficer,  called  ACCENSUS,  Liv,  iii.  33.  They  proposed  ten 
tables  of  laws,  which  were  ratified  by  the  people  at  the  ComU 
tia  Centuriata.  In  composing  them,  they  are  said  to  have 
used  the  assistance  of  one  HIl,RMODORUS,  an  Ephesian 
exile,  who  served  them  as  an  interpreter,  Cic.  Tusc.  v.  36. 
Plin.  xxxiv.  5.  s.  10. 

As  two  otlier  tables  seemed  to  be  wanting,  decemviri  were 
again  created  for  another  year  to  make  them.  But  these  new 
magistrates  acting  tyrannically,  and  wishing  to  retain  their 
command  beyond  the  legal  time,  were  at  last  forced  to  re- 
sign, chiefly  on  account  of  the  base  passion  of  Appius  Clau-> 
dius,  one  of  their  number,  for  Virginia,  a  virgin  of  Plebeian 
rank,  who  was  slain  by  her  father  to  prevent  her  falling  into 
the  Decemvir's  hands.  The  decemviri  all  perished  either  in 
prison,  or  in  banishment. 

But  the  laws  of  the  twelve  tables  (LEGES  DUODE^ 
CIM  TABULARUM)  continued  ever  after  to  be  the  rule 
and  foundation  of  public  and  private  right  through  the  Ro* 
man  world,  {Fons  universi  publici  prwatique  juris.  Id.  34. 
Finis  ^q in  juris,  Tacit.  Ann-  iii.  270  They  were  engraved 
on  brass,  and  fixed  up  in  public,  C Leges  DECEMVIRA- 
LES,  quibus  tabulis  duodecim  est  nomen,  in  tes  incisas  in 
publico  prop osuer lint :  sc.  consides,  Liv.  iii-  57  J  and  even  in 
the  time  of  Cicero,  the  noble  youth  who  meant  to  apply  to 
the  study  of  jurisprudence,  were  obliged  to  get  them  by  heart 
as  a  necessary  rhime,  {tamquam  carmen  necessarium),  Cic- 
de  Legg-  ii.  23.  not  that  they  were  written  in  verse,  as  some 
have  thought ;  for  any  set  form  of  vvords,  (verba  concepta), 
even  in  prose,  was  called  CARMEN,  Liv.  i.  24,  &  26.  iii. 
64.  X.  38.  or  carmen  compositum,  Cic-  pro  Muraen.  12. 

III.  TRIBUNI  MILITUM  CONSULARI  POTES- 

TATE. 

THE  cause  of  their  institution  has  already  been  explain- 
ed, (see  p.  109.)  They  are  so  called,  because  those  of 
the  plebeians  who  had  been  military  tribunes  in  the  army 
were  the  most  conspicuous.  Their  office  and  insignia  were 
much  the  same  with  those  of  the  consuls. 


Provincial  Magistrates.  169 


IV.  INTERREX. 

CONCERNING  the  causes  of  creating  this  magistrate, 
&c.  (seep.  116.) 

Other  EXTRAORDINARY  MAGISTRATES 

of  less  Note. 

THERE  were  several  extraordinary  inferior  magistrates; 
as,  DUUMYIRI  perchiei/ioriisjudicanda  causa,  Liv.  1. 
26.  vi.  20.  Duumviri  navalesy  classis  ornand^e  rejiciendceque 
causa.  Id.  ix.  30.  xl.  18.  26.  xli.  11.  Duumviri  ad  cedemJu^ 
noni  Moneta  faciiindam.  Id.  vii.  28. 

TRIUMVIRI  colonics  deducendcd,  Liv.  iv.  11.  vi.  26. 
viii.  16.  ix.  28.  xxi.  25.  xxxi.  49.  xxxii.  29.  Triumviri  bi- 
ni,  qui  citra  et  ultra  quinquagesimum  lapidem  in  pagis  foris- 
que  et  conciliabulis  omnem  copiam  ingenuorum  inspicerent,  et 
idoneos  ad  arma  ferenda  conquirerent,  militesque  facerent^ 
Id.  XXV.  5.  Triumviri  bini ;  uni  sacris  conquirendis  donis- 
que  persignandis  ;  alteri  reficiendis  cedibus  sacris.  Id.  xxv. 
7.  Triumviri  mensarii,facti  ob  argenti  penuriam,  Liv.  xxiii. 
21.  xxiv.  18.  xxvi.  36. 

QUINQUE  VIRI,  agro  Pomptino  dividendo,  Liv.  vi.  21. 
Quinqueviri,  ab  disp ensatton e  pecunia  M.KJ>iSAI{.II  appeh 
lati,  Id.  vii.  21.  Quinqueviri  muris  turribusquerejiciendis.  Id. 
xxv.  7.  minuendis publicis  sumptibus,  Plin.  Ep.  ii.  1.  Pan.  62. 

DECEMVIRI  agris  inter  veteranos  milites  dividendis, 
Liv.  xxxi.  4. 

Several  of  these  were  not  properly  magistrates.  They 
were  all,  however,  chosen  from  the  most  respectable  men 
of  the  state.  Their  office  may  in  general  be  miderstood 
from  their  titles. 

PROVINCIAL  MAGISTRATES. 

THE  provinces  of  the  Roman  people  were  at  first  govern  ^ 
ed  by  praetors,  (see  p.  134.)  but  afterwards  by  procon- 
suls and  proprietors,  to  whorn  were  joined  quaestors  and  lieu- 
tenants. 

The  usual  name  is  PROCONSUL  and  PROPRIE- 
TOR ;  but  sometimes  it  is  ^vritten/?ro  consule  and  propra^ 
tore^  \n  two  words. 

A  a 


170  ROMAN  ANTIQUITIES. 

Anciently  those  were  called  proconsuls^  to  whom  the  com- 
mand of  consul  v/as  prolonged  iimperiu7n  p7'orogatum)  after 
their  office  was  exph'ed,  Liv.  viii.  23,  £s?  26.  ix.  42.  x.  16.  or 
who  were  invested  with  consular  authoritj%  either  from  a 
subordinate  rank,  as  Marceilus,  after  being  prasior,  {expra^ 
tura)^  Liv.  xxiii.  30.  andGellius,  Cic*  Legg.  i.  20.  or  from 
a  private  station,  as  Scipio,  xxvi.  18.  xxviii,  38.  This  was 
occasioned  by  some  public  exigence,  when  the  ordinary  ma- 
gistrates were  not  sufficient.  The  same  was  the  case  with 
proprietors,  Cic.  Phil.  v.  16.  Suet.  Aug.  10.  Sail.  Cat.  19. 
The  first  proconsul  mentioned  by  Livy,  was  T.  Quinctius, 
A,  U.  290,  Liv.  iii.  4.  But  he  seems  to  have  been  appointed 
for  the  time.  The  first  to  whom  the  consular  power  was  pro- 
longed, was  Publilius,  Liv.  viii.  23,  &  26.  f.  The  name  of 
Prop7'(etor  was  also  given  to  a  person,  whom  a  general  left 
to  command  the  army  in  his  absence,  Sallust,  Jug.  36.  103. 

The  Yi^vci^^oi  consul  dwd.  proconsul,  prcstor  and  proprcetor^ 
are  sometimes  confounded.  Suet.  Aug.  3.  And  we  find  all 
governors  of  provinces  called  by  the  general  name  of  prO' 
consules,  ^^sof prasides,  ibid.  ^6. 

The  command  of  consul  was  prolonged,  and  proconsuls 
occasionally  appointed  by  the  Comitia  Tributa,  Liv.  x.  24. 
xxix.  13.  xxx.  27.  except  in  the  case  of  Scipio,  who  was 
stiit2iS proconsul mio  Spain  by  the  Comitia  Centuriataj  xxvi. 
18. 

But  after  the  empire  was  extended,  and  various  countries 
reduced  to  the  form  of  provinces,  magistrates  were  regularly 
sent  from  Rome  to  govern  them,  according  to  the  Sempro- 
nian  law,  (see  p.  122.)  without  any  new  appointment  of  the 
people.  Only  military  command  was  conferred  on  them  by 
the  Comitia  Curiata,  (see  p.  84.) 

At  first  the  provinces  were  annual,  i.  e.  a  proconsul  had 
the  government  of  a  province  only  for  one  year ;  and  the 
same  person  could  not  command  different  provinces.  But 
this  v/as  violated  in  several  instances ;  especially  in  the  case 
of  Julius  CtBsar,  Suet.  Jul.  22,  &?  24.  Cic.  Fam  i.  7.  (see  p. 
25, 123.)  And  it  is  remarkable,  that  the  timid  compliance  of 
Cicero  with  the  ambitious  views  of  Ciesar,  in  granting  him 
the  continuation  of  his  command,  and  money  for  the  pay- 
ment ©f  his  troops,  with  other  immoderate  and  unconstito- 


Provincial  Magistrates.       171 

tional  concessions,  de  Provinc.  Consul,  ik  pro  Balho^  27.  al- 
though he  secretly  condemned  them,  Fam.  i.  7.  Attic,  ii.  17. 
X.  6.  proved  fatal  to  himself,  as  well  as  to  the  republic. 

The  prastors  cast  lots  for  their  provinces,  iprovincias  sorti- 
ebantur),  or  settled  them  by  agreement  (winter  se  compara- 
bant\  in  the  same  manner  with  the  consuls,  Liv,  xxvii.  Z^. 
xxxiv.  54.  xlv.*16.  ^  17.  But  sometimes  provinces  were 
determmed  to  both  by  the  senate  or  people,  Id,  xxxv.  20. 
xxxvii.  1. 

The  senate  fixed  the  extent  and  limits  of  the  provinces, 
the  number  of  soldiers  to  be  maintained  in  them,  and  money 
to  pay  thrm;  likewise  the  retinue  of  the  governors,  (COMI^ 
TA'i  US  vel  cohors)^  and  their  travelling  charges.  (VIATI- 
CUM). And  thus  the  governors  were  said,  ORNARI,  i.  e. 
triitrui,  to  be  furnished,  Cic.  in  Riill.  ii.  13.  What  was  as- 
sij^ned  them  for  the  sake  of  household-furniture,  was  called 
VASARIUM,  Cic.  in  Pis.  35,  So  vasa,  furniture,  Liv.  i. 
24. 

A  certain  number  of  lieutenants  was  assigned  to  each  pro- 
consul and  propr<etor,  who  were  appointed  usually  by  the 
senate,  Cic.  Fam.  i.  7.  or  with  the  permission  of  the  senate 
by  the  proconsul  himself,  Id.  xii.  55.  JVep-  Attic-  6-  who  was 
then  said,  aliquem  sibi  iegare^  Id-  vi.  6.  or  very  rarely  by  an 
order  of  the  people,  Cic.  in  Fatm.  15.  The  number  of  lieu- 
tenants was  different  according  to  the  rank  of  the  governor, 
or  the  extent  of  the  province,  Cic-  Phil,  iv  15-  Thus,  Cice- 
ro in  Cilicia  had  four  ;  Cassar  in  Gaul  ten  ;  and  Pompey  in 
Asia  fifteen-  The  least  number  seems  to  hav^  been  three- 
Quintus,  the  brother  of  Cicero,  had  no  more  in  Asia  Minor, 
Cic.  ad  Qfr-  i.  L  3- 

The  office  of  a  legatus  was  very  honourable  ;  and  men  of 
praetorian  and  consular  dignity  did  not  think  it  below  them 
to  bear  it:  thus  Scipio  Africanus  served  as  legatus  under  his 
brother  Lucius,  Liv.  xxxvii.  1,  &c.  Gell.  iv.  18. 

The  legati  were  sometimes  attended  by  lictors,  Liv-xxix. 
9.  as  the  senators  were  when  absent  from  Rome,  jure  libe-. 
fee  legationis,  (see  p.  23.)  but  the  person  under  whom  they 
served,  might  deprive  them  of  that  privilege,  Cic.  Fam.  xii, 
30. 

In  the  retinue  of  a  proconsul  were  comprehended  his  mili- 
tary officers,  iprcefecti),  and  all  his  public  and  doniestic  atv 


172  ROMAN  ANTIQUITIES, 

tendants,  Cic.  Verr.  ii.  10.  Among  these  were  young  nobie^ 
men,  who  went  with  him  to  learn  the  art  of  war,  and  to  see 
the  method  of  conducting  pubhc  business ;  who,  on  account 
of  their  intimacy,  were  called  CONTUBERNALES,  Cic. 
pro  Ccel.  30.  pro  Plane.  11.  From  this  retinue  under  the  re- 
public, women  were  excluded ;  but  not  so  under  the  empe- 
rors, Tacit.  Ann.  iii.  33,  &  34.  Suet.  Octav.  34. 

A  proconsul  set  out  for  his  province  with  great  pomp.' 
Having  oifered  up  vows  in  the  capitol,  {votis  in  capitolionun^ 
cupatis), dressed  in  his  military  robe,  (paludatus),  with  twelve 
lictors  going  before  him,  carrying  the Jasces  cindsect(7'es,  and 
■\¥ith  the  other  ensigns  of  command,  he  went  out  of  the  city, 
with  all  his  retinue.  From  thence  he  either  went  straight- 
way to  the  province ;  or,  if  he  was  detained  by  business,  by 
the  interposition  of  the  tribunes,  or  by  bad  omens,  Plutarch, 
in  Crasso  ;  Cic.  Divin.  i.  16.  ii.  9.  Flor.  iii.  11.  Die.  xxxvii, 
50.  he  staid  for  some  time  without  the  city ;  for  he  could  not 
be  within  it  while  invested  with  military  command.  His 
friends,  and  sometimes  the  other  citizens,  out  of  respect  ac- 
companied him  [officii  causa,  prosequebantur),  for  some 
space  out  of  the  city  with  their  good  wishes,  Liv.  xlii.  49. 
xlv.  59.  When  he  reached  the  province,  he  sent  notice  of 
his  arrival  to  his  predecessor,  that  by  an  interview  with  him, 
he  might  know  the  state  of  the  province ;  for  his  command 
commenced  on  the  day  of  his  arrival ;  and  by  the  COR- 
NELIAN law,  the  former  proconsul  was  obliged  to  depart 
within  thirty  days  after,  Cic.  Fam.  iii.  6. 

A  proconsul  in  his  province  had  both  judicial  authority 
and  military  command,  (.potestatem  yeljurisdictionein  et  im- 
periuni).  He  used  so  to  divide  the  year,  that  he  usually  de- 
voted summer  to  military  affairs,  and  winter  to  the  adminis- 
tration of  justice,  Cic.  Att.  v.  14.  He  administered  justice 
much  in  the  same  way  with  the  prastor  at  Rome,  according 
to  the  laws  which  had  been  prescribed  to  the  province  when 
first  subdued,  or  according  to  the  regulations  \vhich  had  af- 
terwards been  made  concerning  it  by  the  senate  or  people 
at  Rome  ;  or  finally  according  to  his  own  edicts,  which  he 
published  in  the  province  concerning  every  thing  of  import- 
ance, Cic.  Att.  vi.  1.  These,  if  he  borrowed  them  from 
others,  were  called  TRANSLATITIA  vel  Tralatitia,  v. 


Provincial  Magistrates.  173 

-icia  ;  if  not,  NOVA.  He  always  published  a  general  edict 
before  he  entered  on  his  government,  as  the  prretor  did  at 
Rome. 

The  proconsul  held  assizes  or  courts  of  justice,  (forum 
vel  cofwentus  agebat)^  in  the  principal  citicb  of  the  province, 
so  tliat  lie  might  go  round  the  whole  province  in  a  year.  He 
himself  judged  in  all  public  and  important  causes ;  but  mat- 
ters of  less  consequence  he  referred  to  his  quaestor  or  lieu- 
tenants, Cic.  Flacc.  21.  m  Cdcil.  17.  Vcrr.  ii.  18.  Suet.  Jul. 
7.  and  also  to  others,  Cic.  Att.  v.  21.  gc/  Q.fratr,  i.  1.  7. 

The  proconsul  summoned  these  meetings,  (conventiis  in- 
dicedat),  by  an  edict  on  a  certain  day,  when  such  as  had 
causes  to  be  determined  should  attend,  Liv.  xxxi.  29.  To 
this,  Virgil  is  thought  to  allude,  jEn.  v.  758.  Indicitque  fo- 
rum, &.C. 

The  provinces  were  divided  into  so  many  districts,  called 
CONVENTUS,  or  circuits,  (v«f«<,  FBi.  Ep.  x.  5.)  the  in- 
habitants of  which  went  to  a  certain  city  to  get  their  causes 
determined,  and  to  obtain  justice,  idisceptandi  et  juris  o5ti~ 
nendi  causa  convcniebant.)  Thus  Spain  was  divided  into  se- 
ven circuits,  {in  septem  conventus),  Plin.  iii.  3.  The  Greeks 
Q.-^'tCiconvcntus  agere  kyc^xiHc,  «7£/v,  sc. -'},«.£?««  So  in  ./^c#.  ./^- 
post,  xix.  38.  u.yo^xoi  kyovTcti,  &c.  conveiitus  aguntur,  sunt 
proconsules  ;  in  jus  vocent  se  inviccin.  Hence  conventus  cir- 
cumire.  Suet.  Jul.  7.  percurnre,  Cees.  viii.  46.  for  urbes 
circumire,  ubi  hi  conventus  agebantur. 

The  proconsul  usually  chose  twenty  of  the  most  respect- 
able men  of  the  province,  who  sat  witli  him  in  council,  {qui 
eiin  consilio  aderant,  assidebant)  and  were  called  his  council, 
CONSILIUM,  Consiliani,  ASSESSORES,  ^xRecupera- 
tores.  Hence,  Consilium  cogere,  in  consilium  advocare,  ad- 
hibere ;  in  consilio  esse  ;  adesse,  assidere,  habere ;  in  consili- 
um ire,  mittere,  dimittere,  Ike.  The  proconsul  passed  sen- 
tence according  to  the  opinion  of  his  council,  (de  consilii  sen- 
tentia  decrevit,  pronunciavit).  Sec. 

As  the  governors  of  provinces  were  prohibited  from  using 
any  other  language  than  the  Latin,  in  the  functions  of  their 
office,  Val.  Max.  ii.  2.  2.  they  were  always  attended  by  in- 
terpreters, Cic,  Ver.  iii.  37.  Fam.  xiii.  54.  Thejudiccs  were 
chosen  differently  in  different  places,  according  to  the  rank 


174  ROMAN  ANTIQUITIES. 

of  the  litigants,  and  the  nature  of  the  cause,  Cic.  Verr.  ii, 
13.  15.  17. 

The  proconsul  had  the  disposal  {curatio)  of  the  corn,  of 
the  taxes,  and  in  short,  of  every  thing  which  pertained  to  the 
province.  Corn  given  to  the  proconsul  I)y  way  of  present, 
was  called  HONORARIUM,  Cic.  in  Pis.  35. 

If  a  proconsul  behaved  well,  he  received  the  highest  ho- 
nours, Cic.  Att.  V.  21.  as,  statues^  temples^  brazen  horses^ 
&c.  which  through  flattery  used  indeed  to  be  erected  of  course 
to  all  governors,  though  ever  so  corrupt  and  oppressive. 

Festival  days  also  used  to  be  appointed  ;  as  in  honour  of 
Marcellus,  (Marcellea,  -ortim)^  in  Sicily,  and  of  Q.  Mu- 
cius  Scasvola,  (Mucea),  in  Asia,  Cic.  Verr.  ii-  21.  10.  13. 

If  a  governor  did  not  behave  well,  he  might  afterwards 
be  brought  to  his  trial ;  1.  for  extortion,  (REPETUNDA- 
RUM),  if  he  had  made  unjust  exactions,  or  had  even  re- 
ceived presents,  Plin.  Ep,  iv.  9. — 2.  for  peculation,  (PE- 
CUL  ATUS),  if  he  had  embezzled  the  public  money ;  hence 
called  PECULATOR,  or  DEPECULATOR,  AscoH.  in  Cic.  Verr» 
Act.  i.  1. — and  3.  for  what  was  called  crimen  MAJESTA- 
TIS,  if  he  had  betraj^ed  his  army  or  province  to  the  enemy, 
or  led  the  army  out  of  the  province,  and  made  war  on  any 
prince  or  state  without  the  order  of  the  people  or  the  decree 
of  the  senate. 

Various  lav\s  were  made  to  secure  the  jqst  administration 
of  the  provinces  :  but  these  were  insufficient  to  check  the 
rapacity  of  the  Roman  magistrates.  Hence  the  provinces 
tvere  miserably  oppressed  by  their  exactions.  Not  only  the 
avarice  of  the  governor  was  to  be  gratified,  but  that  of  all 
his  officers  and  dependents  ;  as,  his  lieutenants,  tribunes, 
prasfects,  &c.  and  even  of  his  freedmen,  and  favourite  slaves. 
Juvenal,  viii.  87.— 130. 

The  pretexts  for  exacting  money  were  various.  The  towns 
and  villages  through  which  the  governors  passed,  were  ob- 
liged, by  the  JULIAN  law,  to  supply  them  and  their  re- 
tinue with  forage  and  wood  for  firing,  Cic.  Att.  v.  16.  The 
wealthier  cities  paid  large  contributions  for  being  exempted 
from  furnishing  winter-quarters  to  the  army.  Thus  the  in- 
habitants of  Cyprus  alone  paid  yearly  on  this  account  200 
talents,  or  about  40,000/.  sterling,  Cic,  Att.  v.  21. 


Provincial  Magistrates.  175 

Anciently  a  proconsul,  when  he  had  gained  a  victory, 
used  to  have  golden  crowns  sent  him,  not  only  from  the  dif- 
ferent cities  of  his  own  province,  but  also  from  the  neigh- 
bouring states,  Liv.  xxxviii.  37.  14.  which  were  carried 
before  him  in  his  triumph,  Id.  xxx\  ii.  58.  xxxix.  5.  7.  29. 
xl.  43.  Dio.  xlii.  49.  Afterwards  the  cities  of  the  province, 
instead  of  sending  crowns,  paid  money  on  this  account, 
whicii  was  called  AURUiM  CORONARIUM,  and  was 
sometimes  exacted  as  a  tribute,  Cic.  in  Pis.  37. 

A  proconsul,  when  the  annual  term  of  his  government 
was  elapsed,  delivered  up  the  province  and  army  to  his  suc- 
cessor, if  he  iirrived  in  time,  and  left  the  province  within 
thirty  days  :  but  first  he  was  obliged  to  deposit  in  two  of 
the  principii  cities  of  his  jurisdiction,  an  account  of  the  mo- 
ney which  had  passed  through  his  own  or  his  officers' 
hands,  stated  and  balanced,  {apud  dims  civitates,  qu(e  max- 
inne  viderentur,  rationes  confectas  et  consolidatas  Ueponere), 
Cic.  Fam.  v.  20.  If  his  successor  did  not  arrive,  he  never- 
theless departed,  leaving  his  lieutenant,  or  more  frequently 
his  quaestor,  to  command  in  the  province,  Cic.  Fam.  ii.  15, 
AttJ\\.  5. 6. 

When  a  proconsul  returned  to  Rome,'  he  entered  the  city 
as  a  private  person,  unless  he  claimed  a  triumph  ;  in  which 
case  he  did  not  enter  the  city,  but  gave  an  account  of  his  ex- 
ploits to  the  senate  assembled  in  the  temple  of  Bellona,  or 
in  some  other  temple  without  the  city,  Liv.  iii.  Q>3.  xxxviii. 
45.  Dio.  xlix.  15.  In  the  mean  time  he  usually  waited  near 
the  city  till  the  matter  was  determined,  whence  he  was  said 
adurbem  esse,  Sail.  Cat.  30.  and  retained  the  title  of  IMPE- 
RATOR,  which  his  soldiers  had  given  him  upon  his  victo- 
ry, with  the  badges  of  command,  his  lictors,  mid.  fasces',  &c. 
Appian  says  that  in  his  time  no  one  was  called  impera- 
tor,  unless  10,000  of  the  enemy  had  been  slain,  De  BelL 
Civ.  ii.  p.  455.  When  any  one  had  pretensions  to  a  tri- 
umph, his  fasces  v/ere  always  wreathed  with  laurel,  Cic, 
Fam.  ii.  16.  Att.  x.  10.  as  the  letters  were  which  he  sent  to 
the  senate  concerning  his  victory,  Cic.  in  Pis.  17.  Some- 
times when  the  matter  was  long  in  being  determined,  here- 
tired  to  some  distance  from  Rome,  Cic.  Att.  vii.  15. 
If  he  obtained  a  triumph,  a  bill  was  proposed  to  thepeo. 


176  ROMAN  ANTIQUITIES. 

pie,  that  he  should  have  military  command,  iut  ei  imperium 
esset)  on  the  day  of  his  triumph,  Liv,  xlv.  35.  Cic.  Att.  iv. 
16.  for  without  this  no  one  could  have  military  command 
within  the  city. 

Then  he  was  obliged  by  the  JULIAN  law,  within  thirty 
days  to  give  in  to  the  treasury  an  exact  copy  of  the  ac- 
counts, which  he  had  left  in  the  province,  {easdem  rationes 
totidem  verbis  referre  ad  xranum)^  Cic.  Att.  v.  20.  At 
the  same  time  he  recommended  those,  who  deserved  public 
rewards  for  their  services,  (m  beneficiis  ad  (srarium  detulit), 
Cic.  ibid,  et  pro  Arch.  5. 

What  has  been  said  concerning  a  proconsul,  took  place 
with  respect  to  a  propraetor  ;  unless  that  a  proconsul  had 
twelve  lictors,  and  a  propraetor  only  six.  The  army  and  re- 
tinue of  the  one  were  likewise  commonly  greater  than  that 
of  the  other.  The  provinces  to  which  proconsuls  were  sent, 
were  called  Proconsulares  ;  propraetors,  PR^EXORiiE, 
Dio.  liii.  14. 

PROVINCIAL  MAGISTRATES  UNDER  THE 
EMPERORS. 

UGUSTUS  made  a  new  partition  of  the  provinces 
Those  which  were  peaceable  and  less  exposed  to  an  ene- 
my, he  left  to  the  management  of  the  senate  and  people.  But 
of  such  as  were  more  strong,  and  open  to  hostile  invasions, 
and  where,  of  course,  it  was  necessary  to  support  greater  ar^ 
mies,  he  undertook  the  government  himself,  {I'egendas  ipse 
suscepit),  Suet.  Aug.  47.  Thishedidunder  pretext  of  easing 
the  senate  and  people  of  the  trouble  ;  but  in  reality  to  increase 
his  own  power,  by  assuming  the  command  of  the  army  en- 
tirely to  himself. 

The  provinces  under  the  direction  of  the  senate  and  peo- 
ple, (PROVINCLE  SENA TORIiK  et  POPULARES 
vel  publicist  y  at  first  were  Africa  propria^  or  the  territories  of 
Carthage,  Xumidia,  Cyrene  ;  Asia,  (which,  when  put  for  a 
province,  comprehended  only  the  countries  along  the  Fro- 
pontis  and  the  jEgean  aScj,  namely,  Fhrygia,  Alt/sia,  Caria, 
JLydia,  Cic.  pro  Flacc.  27),  Bithynia  and  FontuSi  Gracia 
and  Epiriis,  Dalmatian  Macedonia^  SicdiUt  Sardinia^  Creta, 
and  Hispaniu  Bcuticuy  Dio.  liii.  12. 


Provincial  Magistrates.  177 

TheprovinccsoftheempcrorCPROVINCIiEIMPERA- 
TORLE,  vel  Ccvsaruniy)  were  Hispania  Tarraconensis  and 
ljUsitama,'Gall/a,  Ccelo.ti/ria^  Phoenicia,  Ci/iria,  Cyprus,  E- 
gj/ptus,  to  which  others  were  afterwards  added.  But  the 
condition  of  these  provinces  was  often  changed;  so  that  they 
were  transferred  from  the  senate  and  people  to  the  emperor, 
and  the  contrary,  Dio  Hii.  12.  liv.  4.  3.  Strabo,  xvii.  fin. 
The  provinces  of  the  emperor  seem  to  have  been  in  a  better 
state  than  tliose  of  the  senate  and  people,  Tacit.  Annal.  i.  76. 

The  magistrates  sent  to  govern  the  provitices  of  the  senate 
and  people,  were  called  PROCONSULES,  although  some- 
times only  of  Praetorian  rank,  Dio.  liii.  13.  The  senate  ap- 
pointed them  by  Xot^isortito  mittedant),  out  of  those  who  had 
borne  a  magistracy  in  the  city  at  least  five  years  before.  Suet. 
Aug.  36.  Vesp.  4.  Plin.  Ep.  ii.  12.  Dio.  liii.  14.  They  had 
the  same  badges  of  authority  as  the  proconsuls  had  formerly; 
but  they  had  only  a  civil  power,  {potestas  vel  junsdictio)^ 
and  no  military  command  iimperium),  nor  disposal  of  the 
taxes.  The  taxes  were  collected,  and  the  soldiers  in  their  pro- 
vinces commanded  by  officers  appointed  by  Augustus.  Their 
authority  lasted  only  for  one  year,  and  they  left  the  province 
immediately  when  a  successor  was  sent,  Dio.  ibid. 

Those  whom  the  emperor  sent  to  command  his  provinces 
were  called  LEGATl  CiESARIS  pro  Conside,  Proprce.- 
tores,  vtlpro  proftore,  Dio.  liii.  13.  Consulares  Legati,  Suet, 
Tib.  41.  Consulares  Pectores, Suet.  Vesp.  8.  or  simply,  Con- 
sulares.  Suet.  Tib.  32.  Tacit.  Hist.  ii.  97.  and  Legati,  Suet. 
Vesp.  4.  also  Presides,  Prafecti,  Corrector es,  &c. 

The  governor  of  »^gypt  was  usually  called  PRiEFEC- 
TUS,  Suet.  Vesp.  6.  or,  Prcefectus  Augustalis^  Digest,  and 
was  the  first  imperatorial  legate  that  was  appointed. 

There  was  said  to  be  an  ancient  prediction  concerning  M,^ 
gypt,  that  it  would  recover  its  liberty  when  the  Romanyaj- 
ces  and  pretexta  should  come  to  it,  Cic.  Fam.  \.  7.  TrebelL 
Poll,  in  JEi.Tiilian.  Augustus  artfully  converting  this  to  his 
own  purpose,  claimed  that  province  to  himself ;  and  dis- 
charging a  senator  from  going  to  it  without  permission,  Dio. 
ii.  17.  he  sent  thither  a  governor  of  equestrian  rank,  without 
the  usual  ensigns  of  authority,  Tacit.  Ann.  ii.  59.  Suet.  Tib. 
52.    To  him  was  joined  a  person  to  assist  in  administering 

Bb 


ROMAN  ANTIQUITIES. 

justice,  called  Juridicus  AlexandrinvE  civitatis. 
Pandect.  (<5  ^ty.»ioS'oT),i,  Strabo,  xvii.  p.  797.) 

The  first  prEefect  of  ^Egypt  was  Cornelius  Gallus,  cele- 
brated  by  Virgil  in  his  last  eclogue,  and  by  Ovid,  Amor,  i, 
15.  29.  {Hunc  primum  ASgyptus  Romanum  judicem  habiat^ 
Eutrop.  vii.  7.)  Suet.  Aug.  66-  Dio.  li.  17. 

The  legates  of  the  emperor  were  chosen  from  among  the 
senators,  but  the  prasfect  of  iEgypt  only  from  the  Equites^ 
Tacit,  xii.  60.  Dio.  liii.  13.  Tiberius  gave  that  charge  to 
one  of  his  freedmen,  Dio.  Iviii.  19.  The  legati  Cessans  wore 
a  military  dress  and  a  sword,  and  were  attended  by  soldiers 
instead  of  lictors.  They  had  much  greater  powers  than  the 
proconsuls,  and  continued  in  command  during  the  pleasure 
of  the  emperor,  Dio.  liii.  13. 

In  each  province,  besides  the  governor,  there  was  an  ofl5- 
cer  called  PROCURATOR  CiESARlS,  Tacit.  Agnc.  15. 
or  curator^  and  in  later  times  rationalis,  who  managed  the  af- 
fairs of  the  revenue,  {qui  resfisci  curabat  /  publicos  reditus 
eoUigebat  et  erogabat)^  and  also  had  a  judicial  power  in  mat- 
ters that  concerned  the  revenue,  Suet.  Claud,  12.  whence 
that  office  was  called  procuratio  a?nplissima.  Suet.  Galb.  15. 
These  Procurators  were  chosen  from  among  the  Equites, 
and  sometimes  from  freedmen,  Dio.  lii.  25.  They  were  sent 
not  only  into  the  provinces  of  the  emperor,  but  also  into 
those  of  the  senate  and  people,  Dio.  liii.  15. 

Sometimes  a  Procurator  discharged  the  office  of  a  go- 
vernor, ivice  p7'(€sidis  fungebatur)^  especially  in  a  small 
province,  or  in  a  part  of  a  large  province,  where  the  gover- 
nor could  not  be  present ;  as  Pontius  Pilate  did,  who  was 
procurato?'  or  prt^positus^  {^Litt.  Vesp.  4.)  of  Judea,  which 
was  annexed  to  the  province  of  Syria,  Tacit.  Annal.  xii.  23. 
Hence  he  had  the  power  of  punishing  capitally,  ibid.  xv.  44, 
which  the  procuratores  did  not  usually  possess,  ib.  iv.  15. 

To  all  these  magistrates  and  officers  Augustus  appointed 
different  salaries,  according  to  their  respective  dignity,  Dio. 
liii.  15.    Those  who  received  200  sestertia  were  called 

DUCENARIi;    100,     CENTENARII  ;     60,    SEXAGENARII, 

&.C.  Capitulin.  in  Pertinac.  c.  2.  A  certain  sum  was  given 
them  for  mules,  and  tents ;  \vhich  used  formerly  to  be  af- 
forded at  the  public  expcnce,  Suet,  Aug.  ^6, 


Re-establishment  of  Monarchy.         179 

All  these  alterations  and  arrangements  were  made  in  ap- 
pearance by  public  audioritj-,  but  in  fact  by  the  will  of  Au- 
gustus. 

RE-ESTABLISHMENT  OF  MONARCHY  UNDER 
AUGUSTUS;  TITLES,  BADGES,  AND  POW- 
ERS  OF  THE  EMPERORS. 

THE  monarchical  form  of  government  established  by 
Augustus,  although  different  in  name  and  external  ap- 
pearance, in  several  respects  resembled  that  which  had  pre- 
vailed under  the  kings.  Both  were  partly  hereditary,  and 
partly  elective.  The  choice  of  the  kings  depended  on  the 
senate  and  people  at  large  ;  that  of  the  emperors,  chiefly  on 
the  army.  AVhen  the  former  abused  their  power,  they 
were  expelled ;  the  latter  were  often  put  to  death.  But  the 
interests  of  the  army  being  separate  from  those  of  the  state, 
occasioned  the  continuation  of  despotism.  According  to 
Pomponius,  de  origine  juris ^  D.  i.  2.  14.  Reges  omnem 
roTESTATEM  HA  SUISSE,  their  rights  were  the  same.  But 
the  account  of  Dionysius  and  others  is  different.  (See  p. 
114.) 

As  Augustus  had  become  master  of  the  republic  by  force 
of  arms,  he  might  have  founded  his  right  to  govern  it  on 
that  basis,  as  his  grand  uncle  and  father  by  adoption,  Julius 
Cccsar,  had  done.  But  the  apprehension  he  always  enter- 
tained of  Ccesar's  fate,  made  him  pursue  a  quite  different 
course.  The  dreadful  destruction  of  the  civil  wars,  and  the 
savage  cruelty  of  the  Triumviri^  had  cut  off  all  the  keenest 
supporters  of  liberty,  Tacit.  Ann.  i.  2.  and  had  so  humbled 
the  spirit  of  the  Romans,  that  they  were  willing  to  submit 
to  any  form  of  government,  rather  than  hazard  a  repetition 
of  former  calamities,  ituta  et  pra^sentia  quam  Vetera  et  peri- 
culosa  malebant,  ibid.)  The  empire  was  now  so  widely  ex- 
tended, the  number  of  those  who  had  a  right  to  vote  in  the 
legislative  assemblies  so  great,  (the  Romans  having  never 
employed  the  modern  method  of  diminishing  that  number 
by  representation),  and  the  morals  of  the  people  so  corrupt, 
that  a  republican  form  of  government  was  no  longer  fitted 
to  conduct  so  unwieldly  a  machine.  The  vast  intermix- 
ture of  inhabitants  which  composed  the  capital,  and  the  m.i- 


180  ROMAN  ANTIQUITIES. 

merous  armies  requisite  to  keep  the  provinces  in  subjection, 
could  no  longer  be  controlled  but  by  the  power  of  one.  Had 
Augustus  possessed  the  magnanimity  and  wisdom  to  lay 
himself  and  his  successors  under  proper  restraints  against 
the  abuse  of  power,  his  descendants  might  have  long  enjoy- 
ed that  exalted  station  to  which  his  wonderful  good  for- 
tune, and  the  abilities  of  others,  had  raised  him.  Had  he, 
agreeably  to  his  repeated  declarations,  wished  for  command 
only  to  promote  the  happiness  of  his  fellow-citizens,  he 
would  have  aimed  at  no  more  power  than  was  necessary  for 
that  purpose.  But  the  lust  of  dominion,  although  artfully 
disguised,  appears  to  have  been  the  ruling  passion  of  his 
mind,  {specie  recusantis  flagrantissime  cupiveratj.  Tacit. 
Ann.  i.  2,  3,  10. 

Upon  his  return  to  Rome  after  the  conquest  of  Egypt,  and 
the  death  of  Antony  and  Cleopatra,  A.  U.  725,  he  is  said 
to  have  seriously  deliberated  with  his  two  chief  favourites, 
Agrippa  and  Maecenas,  about  resigning  his  power,  and  re- 
storing the  ancient  form  of  government.  Agrippa  advised 
him  to  do  so,  but  Maecenas  dissuaded  him  from  it.  In 
the  speeches  which  Dio  Cassius  makes  them  deliver  on  this 
occasion,  the  principal  arguments  for  and  against  a  popular 
and  monarchical  government,  are  introduced,  lii.  The  advice 
of  Maecenas  prevailed,  ib.  41.  Augustus,  however,  in  the 
following  year,  having  corrected  the  abuses  which  had  crept 
in  during  the  civil  wars.  Suet.  Aug.  32.  and  having  done 
several  other  popular  acts,  assembled  the  senate,  and  in  a 
set  speech  pretended  to  restore  every  thing  to  them  and  to 
the  people.  But  several  members,  who  had  been  previously 
prepared,  exclaimed  against  this  proposal ;  and  the  rest,  ei- 
ther prompted  by  opinion,  or  overawed  by  fear,  all  with  one 
voice  conjured  him  to  retain  the  command.  Upon  which, 
as  if  unequal  to  the  load,  he  appeared  to  yield  a  reluctant 
compliance ;  and  that  only  for  ten  years  ;  during  which 
time,  he  might  regulate  the  state  of  public  affairs,  (rempub- 
licam  ordinaret);  thus  seeming  to  rule,  as  if  by  constraint, 
at  the  earnest  desire  of  his  fellow-citizens  ;  which  gave  his 
usurpation  the  sanction  of  law. 

This  farce  he  repeated  at  the  end  of  every  ten  years,  D?o> 
liii.  46.  but  the  second  time,  A.  U.  736,  he  accepted  the  go- 


Re. ESTABLISHMENT    OF   MoN  ARCH  Y,  Es'^.        181 

vernment  only  for  five  years,  saying  that  this  space  of  time 
was  then  sufficienl.  Id.  liv.  12.  and  when  it  was  elapsed,  for 
five  years  more,  A/- liii.  16.  but  after  that,  always  for  ten 
years,  Id.  Iv.  6.  He  died  in  the  first  year  of  the  fifth  decen- 
w/ww,  the  19th  of  September  (xiv.  Kal.  Sept.)  A.  U.  767, 
aged  near  76  years  ;  having  ruled  alone  near  44  years.  The 
suceeeding  emperors,  although  at  their  acecssion,  they  re- 
ceived the  empire  for  life,  yet  at  the  beginning  of  every  ten 
years,  used  to  hold  a  festival,  as  if  to  commemorate  the  re- 
newal of  the  empire,  Dio.  liii.  10. 

As  the  senate  by  their  misconduct  (see  p.  150,)  had  oc- 
casioned the  loss  of  liberty,  so  by  their  servility  to  Augustus, 
they  established  tyranny.  {Ruere  in  servitutem  consoles.,  pa- 
t?'es^  eques^  as  Tacitus  says,  upon  the  accession  of  Tiberius, 
jinnai- 1,7.)  Upon  his  feigned  offer  to  resign  the  empire, 
they  seem  to  have  racked  their  invention  to  contrive  new  ho- 
nours for  him  To  the  names  of  IMPERATOR,  Dio.  xiiii. 
44.  C/ESAR,  Id.  xlvi.  47.  and  PRlNCK,  (Princeps  Se- 
natus)  liii.  1.  'vhich  they  had  formerly  conferred,  they  added 
those  of  AUGUSTUS,  {venerandus  v.  -abilis^  ab  augury 
qu2LSi  inair^uraf us  yc]con.secratus ;  \dtoq\\e Diiscarus  ;  cultu 
divino  nfficiendus,  «-e,3«5-««;  Pausan.  ill.  1  \.ye\?ihaugeo;  qr.em 
su:>  Jiipiter««,^(?f  ope,  Ovid.  Fast.  i.  612.  Suet.  Aug.  7.)  Dio, 
liii.  16.  and  Father  of  his  country  .^(P  at  ^r  Patriae),  aSz/c?. 
58.  Ovid.  Fast.  ii.  127.  Pont.  iv.  9.  idt.  Prist,  iv.  4,  13,  &c. 
This  tide  had  been  first  given  to  Cicero  by  the  senate,  after 
his  suppression  of  Catiline's  conspiracy  ;  Roma  patrem: 
PATRi^  CicERONEM  LIBERA  DIXIT,  Juvenal.  viii,  244. 
Plin.  vii.  30.  by  the  advice  of  C;.to,  Appian.  B,  civ.  ii.  431" 
Plut.  in  Cic.  or  of  Catulus,  as  Cicero  himself  says.  Pis.  3. 
It  was  next  decreed  to  Julius  Cae-iir,  Suet.  76.  Dio.  xliv.  4. 
and  some  of  his  coins  are  still  extant  with  that  inscription. 
Cicero  proposed  that  it  should  be  given  to  Augustus,  when 
yet  very  young,  Phil.  xiii.  11.  It  Vv'as  refused  by  Tiberius, 
Suet.  67.  as  also  the  title  of  Imperator,  Id.  26.  and  Do- 
minus,  37.  Dio.  Iviii.  2.  but  most  of  the  succeeding  em- 
perors accepted  it,  Pacit.  Ann.  xi.  25. 

The  title  ofPATER  PATRIAE  denoted  chiefly  the  pa- 
ternal iffection  which  it  became  the  emperors  to  entertain  to- 
V/ards  their  subjects ;  and  also  that  power,  which  by  the  Ro- 


182  ROMAN  ANTIQUITIES. 

man  law,  a  father  had  over  his  children,  Dio,  liii.  18.  Senec. 
Clem.  i.  14. 

C^SAR  was  properly  a  family  tide,  Bio,  ibid.  Suet.  Galb. 
1.  According  to  Dio,  it  also  denoted  power,  xliii.  44.  In  la- 
ter times,  it  signified  the  person  destined  to  succeed  to  the 
empire,  or  assumed  into  a  share  of  the  government,  during  the 
life  of  the  emperor,  who  himself  was  always  called  Augus- 
tus, Spartian.  in  ^lio  Fero,  2.  which  was  a  title  of  splen- 
dor and  dignity,  but  not  of  power,  Dio.  liii.  18. 

Augustus  is  said  to  have  first  desired  the  name  of  Romu- 
lus, that  he  might  be  considered  as  a  second  founder  of  the 
city  ;  but  perceiving  that  thus  he  should  be  suspected  of 
aiming  at  sovereignty,  he  dropt  all  thoughts  of  it,  Dio.  liii.  16. 
and  accepted  the  title  of  Augustus,  the  proposer  of  wl  lich 
in  the  senate  was  Munatius  Plancus,  Suet.  Aug.  7.  Fell.  ii. 
91.  Servius  says,  that  Virgil,  in  allusion  to  this  desire  of 
Augustus,  describes  him  under  the  name  of  Quirinus, 
Mn.  i.  296.  G.  iii.  27. 

The  chief  title,  which  denoted  command,  was  IMPERA- 
T OR,  Dto.  xliii.  44.  By  this  the  successors  of  Augustus 
were  peculiarly  distinguished.  It  was  equivalent  to  Rex, 
Dio.  liii.  17.  In  modern  times  it  is  reckoned  superior. 

The  title  of  Imperator,  however,  continued  to  be  conferred 
on  victorious  generals  as  formerly  ;  but  chiefly  on  the  Em- 
perors themselves,  as  all  generals  were  supposed  to  act  under 
their  auspices,  Horat.  Od.  iv.  14-  32.  Ovid.  Trist.  ii.  173. 
Under  the  republic  the  appellation  of  Imperator  was  put  af- 
ter the  name ;  asCICERO  liMPERATOR,  Cic.  Ep.  pas- 
sim ;  but  the  title  of  the  emperors  usually  before,  as  a  pra- 
nomen^  Suet.  Tib.  26.  Thus  the  following  words  are  inscrib- 
ed on  an  ancient  stone,  found  at  Ancyra,  now  Angouri,(z«  la- 
pide  Ancyrand)^  in  Asia  Minor  :  Imp.  C^sar.  Divi.  F. 
Aug.  Pont.  Max.  Cos.  XIV.  Imp.  XX.  Tribunic. 
Potest.  XXXVIII. — The  Emperor  Ccesar^  the  adopted 
son  <7/'(Julius  Caesar,  called)  Divus,  (after  his  deification)  ; 
Augustus  the  high-priest,  (an  ofiice  which  he  assumed  after 
the  death  of  Lepidus,  A.  U.  741,  Dio.  liv.  21-)  fourteen 
times  Consul^  twenty  times  (saluted)  Imperator  (on  account 
of  his  victories).  Dio  says,  he  obtained  this  honour  in  all 
21  times,  Iii.  41.  Thus  Tacitus,  JVomen  imperatoris  se- 


Re-establishment  of  Monarchy,  £:iV.      183 

melatque  vicies  partum,  (Ann.  i.  9.)  in  the  3Sfh  year  of  his 
tribuni cum  power,  (from  the  time  when  he  w  us  first  invested 
with  it  by  the  senate,  A.  U.  724,  Dio.  li.  19.)  So  that  this 
inscription  was  made  above  five  years  before  his  death. 

The  night  after  C  ?esar  was  called  Augustus,  the  Tiber 
happened  to  overflow  its  banks,  so  as  to  render  all  the  level 
parts  of  Rome  navigable,  Dio.  liii.  20.  Tacit.  Annul.  \.  76. 
to  which  Horace  is  supposed  to  allude,  Od.  i.  2.  This  event 
was  thought  to  prognosticate  his  future  greatness.  Among 
the  various  expressions  of  flattery  then  used  to  the  emperor, 
that  of  Pncuvius,  a  tribune  of  the  commons,  was  remarka- 
ble ;  who  in  the  senate  devoted  himself  to  Caesar,  after  the 
manner  of  the  Spaniai'ds, /^cA  il/aa::.  ii.  6.11.  and  Gauls 
(Devotos  illi  soLDURios  appellant^  Caes.  Bell.  Gall.  iii. 
22.)  and  exhorted  the  rest  of  the  senators  to  do  the  same. 
Being  checked  by  Augustus,  he  rushed  forth  to  the  people, 
and  compelled  many  to  imitate  his  example.  Whence  it 
became  a  custom  for  the  senators  when  they  congratulated 
any  emperor,  on  his  accession  to  the  empire,  to  say,  that 
they  were  devoted  to  his  service,  Dio.  ibid. 

Macrobius  informs  us,  that  it  was  by  means  of  this  tri- 
bune, (Pacuvio  tribuno  plebem  rogante,)  that  an  order  of  the 
\)QOY>\^{plebi<icitum)  was  made,  appointing  the  month  Sextilis 
to  be  called  August,  Sat.  i.  12. 

The  titles  given  to  Justinian  in  the  Corpus  Juris^  are,  in 
the  Institutes,  Sack  atissimus  Princeps,  and  Impera- 
TORiA  Majestas  ;  in  the  Pandects,  DoMiN us  noster 
sacratissimus  princeps  ;  and  the  same  in  the  Codex, 
with  this  addition,  Perpetuus  Augustus.  Thesetitles 
are  still  retained  by  the  Emperor  of  Germany. 

The  powers  conferred  on  Augustus  as  emperor  were,  to 
levy  armies,  to  raise  money,  to  undertake  wars,  to  make 
peace,  to  command  all  the  forces  of  the  republic,  to  have  the 
power  of  life  and  death  within,  as  well  as  without  the  city  ; 
and  to  do  every  thing  else  which  the  consuls  and  others 
invested  with  supreme  command  had  a  right  to  do,  Dio.  liii. 
17. 

In  the  year  of  the  city  731,  the  senate  decreed  that  Au- 
gustus should  be  always  proconsul,  even  \v  ithin  the  city  ; 
and  in  the  provinces  should  enjoy  greater  authority  than  the 


i8i  ROMAN  ANTIQUITIES. 

ordinary  proconsuls,  Dio.  liii.  32.  Accordingly  he  impo- 
sed taxes  on  the  provinces,  rewarded  and  punished  them  as 
they  had  favoured  or  opposed  his  cause,  and  prescribed  such 
regulations  to  them  as  he  himself  thought  proper,  Dio»  liv» 
7,9,  &  25. 

In  the  year  735,  it  was  decreed,  that  he  should  always  en- 
joy consular  power,  with  12  lictors,  and  sit  on  a  curule  chair 
between  the  consuls.  The  senators  at  the  same  time  re- 
quested that  he  would  undertake  the  rectifying  of  all  abuses, 
and  enact  what  laws  he  thought  proper  ;  offering  to  swear, 
that  they  would  observe  them,  whatever  they  should  be. 
This  Augustus  declined,  well  knowing,  says  Dio,  that  they 
would  perform  what  they  cordially  decreed  without  an  oath ; 
but  not  the  contrary,  although  they  bound  themselves  by  a 
thousand  oaths,  Dio.  liv.  10. 

The  multiplying  of  oaths  always  renders  them  less  sacred, 
and  nothing  is  more  pernicious  to  morals,  than  the  too  fre- 
quent exaction  of  oaths  by  public  authority,  without  a  ne- 
cessary cause.  Livy  informs  us,  that  the  sanctity  of  an  oath, 
{.fides  et  jusjuTanduin)  had  more  influence  with  the  ancient 
Romans  than  the  fear  of  laws  and  punishments,  (proximo 
legum  et  poenarum  metu),  Liv.  i.  21.  ii.  45.  They  did  not, 
he  says,  as  in  after  times,  when  a  neglect  of  religion  pre- 
vailed, by  interpretations  adapt  an  oath  and  the  laws  to 
themselves,  but  conformed  every  one  his  own  conduct  to 
them,  Liv.  iii.  20.  ii.  32.  xxii.  61.  Cic.  Off.  iii.  30,  &  31. 
See,  also,  Polyb,  vi.  54,  &  5Q. 

Although  few  of  the  emperors  accepted  the  title  of  Cen- 
sor, (seep.  143.)  yet  all  of  them  in  part  exercised  the  rights 
of  that  office,  as  also  those  of  Pontifex  Maximus^  and  Tri- 
bune of  the  commons,  Dio.  liii.  17.     Sec  p.  152. 

The  emperors  were  freed  from  the  obligation  of  the  laws 
(legibiis  soluti)  so  that  they  might  do  what  they  pleased, 
Dio.  liii.  18,  &  28.  Some,  however,  understand  this  only 
of  certain  laws :  for  Augustus  afterwards  requested  of  the 
senate,  that  he  might  be  freed  from  the  Voconian  law,  Dio. 
Ivi.  32.  but  a  person  was  said  to  be  legibus  solutusy  who  was 
freed  only  from  one  law,  Cic.  Pial.  ii.  13. 

On  the  first  of  January,  every  year,  the  senate  and  people 
renewed  their  oath  of  allegiance,  Tacit*  Ann,  xvi.  22.  or,  as 


Re-establishmei^t  of  Monarchy,  ^c.      185 

it  was  expressed,  confirmed  the  acts  of  the  emperors  by  an 
oath  ;  which  custom  was  first  introduced  by  the  iyiumviri, 
after  the  death  of  Caesar,  Dio.  xlvii.  18.  repeated  to  Augus- 
tus, Id.  li.  20.  hii.  28.  and  always  continued  under  the  suc- 
ceeding emperors.  They  not  only  swore  that  they  approved 
of  what  the  Emperors  had  done,  but  that  they  would  in  like 
manner  confirm  whatever  they  should  do.  Id.  Ivii.  8.  Iviii. 
17.  In  this  oath,  the  acts  of  the  preecdingemperors,  who  were 
approved  of,  were  included  :  and  the  acts  of  such  as  were 
not  approved  of,  were  omitted,  as  of  Tiberius,  Id.  lix.  9.  of 
Caligula,  Ix.  4.  &.c.  Claudius  would  not  allow  any  one  to 
swear  to  his  acts,  (m  acta  sua  jurare ;)  but  not  only  ordered 
others  to  swear  to  the  acts  of  Augustus,  but  swore  to  them 
also  himself,  Id.  Ix.  10. 

It  was  usual  to  swear  by  the  genius,  the  fortune,  or  safety 
of  the  emperor  ;  which  was  first  decreed  in  honour  of  Julius 
Cjesar,  Dio.  xliv.  6.  and  commonly  observed.  Id.  50.  so 
likewise  by  that  of  Augustus,  even  after  his  death,  Id.  Ivii, 
9.  To  violate  this  oath  was  esteemed  a  heinous  crime,  Ibid, 
&?  Tacit.  Ann.  i.  73.  Codex,  iv.  1,  2.  ii.  4.  41.  Dig.  xii.  2, 
13.  and  more  severely  punished  than  real  perjury,  fcrtulL 
Apol.  18.  It  was  reckoned  a  species  of  treason,  {maje.statis) 
and  punished  by  the  bastinado,  D.  xii.  2.  13.  sometimes  by 
cutting  out  the  tongue,  Gothofredinloc.  So  that  Minutius  Fe^- 
lix  justly  Siiys,  c.  29.  Estiis,  (sc.  Ethnicis)^  tutius  per  Jovis 
genium  pejerare  quam  regis.  Tiberius  prohibited  any  one 
from  swearing  by  him,  Dio.  Ivii.  8.  Ivjii.  12.  but  yet  men 
swore,  not  only  by  his  fortune,  but  also  by  that  of  Sejanus, 
Id.  iviii.  2.  6.  After  the  death  of  the' latter,  it  was  decreed, 
that  no  oath  should  be  made  by  any  other  but  the  emperor, 
ibid.  12.  Cahgula  ordained  that  to  all  oaths  these  words 
should  beadded;  NEq_uEME,KE(^UE  meosliberos  cha- 
RioREs  habeo,  quA'M  Caium  et  sorores  ejus.  Suet. 
15.  Dio.  lix.  3.  9.  and  that  the  women  should  swear  by  his 
wife  Drusilla,  ibid.  11.  as  he  himself  did,  in  his  most  pub- 
lic and  solemn  asseverations.  Suet.  24.  So  Claudius,  by 
Livia,  Dio.  Ix.  5.  Suet.  11. 

In  imitation  of  the  temple  and  divine  honours  appointed 
by  the  Triumviri  to  Julius  Caesar,  Dio,  xlvii,  18.  and  con- 

Cc 


186  MOMAN  ANTIOXJltlES. 

iirmed  by  Augustus,  Id.  li.  20.  altirs  were  privately  erected 
to  Augustus  hi.nself,  at  Rome,  Firg.  EcL  i.  7.  Horat.  Ep» 
ii.  1.  16.  Ovid.  Fast.  i.  13.  and  particularly  in  the  proviiices» 
But  he  permitted  no  temple  to  be  publicly  consecrated  to 
him,  unless  in  conjunction  with  the  city,  Rome  :  August© 
ET  UrbiRom^  ;  and  that  only  in  the  provinces.  Tacit.  Ann. 
iv.  37.  for  in  the  city  they  were  strictly  prohibited,  Sutt.  52. 
After  his  death,  they  were  very  frequent,  Tacit.  Ann,  i.  11. 
73.  Dio.  Ivi.  46. 

It  was  likewise  decreed  in  honour  of  Augustus,  that  when 
the  priests  offered  up  vows  for  the  safety  of  the  people  and 
senate,  they  should  do  the  same  for  him,  Dio.  li.  19.  so  for 
the  succeeding  emperors,  Tacit.  Ann.  iv.  17.  particularly  at 
the  beginning  of  the  year.  Id.  xvi.  22.  on  the  3d  of  January, 
Dio.  lix.  24.-— -also,  that  in  all  public  and  private  entertain- 
ments, libations  should  be  made  to  him  with  wishes  for  his 
safety,  Dio.  li.  19.  Ovid.  Fast.  ii.  637.  Pont.  ii.  3.  ult.  as  to 
the  Lares  and  other  gods,  Horat.  Od.  iv.  5.  33. 

On  public  occasions  the  emperors  wore  a  crown  and  a  tri- 
umphal robe,  Dio.  li.  20.  Tacit.  Annal.  xiii.  8.  They  also 
used  a  particular  badge,  of  having  fire  carried  before  them, 
Herodian.  i.  8.  8.  i.  16.  9.  ii.  5.  Marcus  Antoninus  calls  it  a 
lamp,  i.  17.  probably  borrowed  from  the  Persians,  Xenoph, 
Cyrop.  viii.  iii.  p.  215.  Ammian.  xxiii.  6.  Something  simi- 
lar seems  to  have  been  used  by  the  magistrates  of  the  muni- 
cipal towns  ;  pruna  batillusy  v.  -ww?,  a  pan  of  burning  coals, 
or  a  portable  hearth,  {focus  portatilis),  in  which  incense  was 
burat ;  a  perfumed  stove,  Horat.  Sat.  i.  5.  36. 

Dioclesian  introduced  the  custom  of  kneeling  to  the  em- 
perors, (adora7'i  sejussit^  cum  ante  eum  cuncti  salutarentury 
Eutrop.  ix.  16.  Aurelius  Victor,  de  des-  c.  39.  says,  that 
the  same  thing  was  done  to  Caligula  and  Domitian.  So  Dio. 
lix.  4,  27,  28. 

Augustus,  at  first,  used  the  powers  conferred  on  him  with 
great  moderation  ;  as  indeed  all  the  first  emperors  did  in  the 
beginning  of  tl>eir  government.  Dio.  Ivii.  8.  lix.  4.  In  his 
lodging  and  equipage  he  differed  little  from  an  ordinary  citi- 
zen of  distinguished  rank,  except  being  attended  by  his  prae- 
torian guards.  But  after  he  had  gained  the  soldiers  by  dona- 
nves,  the  people  by  a  distribution  of  grain,  and  the  whol^ 


Re-establishment  of  Monarchy,  ^c.      187 

body  of  citizens  by  the  sweetness  of  repose,  he  gradually  in- 
crease'I  his  authority,  Onsurgcre  patdatim),  and  engrossed 
all  the  powers  of  the  state,  (munia  senatus,  magistratuum, 
legum  in  se  transftrre).  Tacit.  Ann.  i.  2.  Such  (*f  the  nobi- 
lity as  were  most  compliant,  iquanto  fjuis  servitio  prompt 
tior),  were  raised  to  wealth  and  preferments.  HaA'ing  tl^c 
command  of  the  army  and  treasury',  he  could  do  every  thing. 
For  althougii  he  pretended  to  separate  his  own  revenues  from 
those  of  the  state,  yet  both  were  disposed  of  equally  at  his 
pleasure,  Dio.  liii.  16. 

The  long  reign  and  artfulconduct  of  Augustus,  so  habitu- 
ated the  Romans  to  subjection,  that  they  never  afterwards  so 
much  as  made  one  general  effort  to  regain  their  liberty,  nor 
even  to  mitigate  the  rigour  of  tyranny.  In  consequence  of 
ivhich,  their  character  became  more  and  more  degenerate. 
After  being  deprived  of  the  right  of  voting,  they  lost  all  con- 
cern about  public  affairs ;  and  were  only  anxious,  says  Juve- 
nal, about  two  things,  bread  and  games,  (Panem  et  Cir- 
ce nses,  i.  e.  largesses  and  spectacles),  Juvenal,  x.  80. 

Hence  from  this  period  their  history  is  less  interestiiig,  idid, 
as  Dio  observes,  less  authentic  ;  because,  when  every  thing 
was  done  by  the  will  of  the  prince  or  of  his  favourites  and 
freedmen,  the  springs  of  action  were  less  known  than  under 
tlie  republic,  Dio.  liii.  10.  It  is  surprising,  that  although  the 
Romans  at  different  times  were  governed  by  princes  of  the 
most  excellent  dispositions,  and  of  the  soundest  judgment, 
who  had  seen  the  woful  effects  of  wicked  men  being  invest- 
ed with  unlimited  power,  yet  none  of  them  seem  ever  to  have 
thought  of  new-modelling  the  govermhent,  and  of  providing 
an  effectual  check  against  the  future  commission  of  similar 
enormities.  Whether  they  thought  it  impracticable,  or  wish- 
ed to  transmit  to  their  successors  unimpaired,  the  samepovv- 
ers  which  they  had  received  ;  or  from  what  other  cause  we 
know  not.  It  is  at  least  certain  thai  no  history  of  any  peo- 
ple shows  more  clearly  the  pernicious  effects  of  an  arbitrary 
and  elective  monarchy,  on  the  character  and  happiness  of 
both  prince  and  people,  than  that  of  the  ancient  Romans. 
Their  change  of  government  was  indeed  the  natural  conse- 
quence of  that  success  with  which  their  lust  of  conquest  was 
^|:tended.    For  the  force  employed  to  enslave  other  nations, 


188  ROMAN  ANTIQUITIES, 

being  turned  against  themselves,  served  at  first  to  accora^^' 
plish,  and  afterwards  to  perpetuate  their  own  servitude.  And 
it  is  remarkable,  that  the  nobility  of  Rome,  whose  rapacity 
and  corruption  had  so  much  contributed  to  the  loss  of  liber^ 
ty,  were  the  principal  sufferers  by  this  change  ;  for  on  them, 
those  savage  monstcrsj  who  succeeded  Augustus,  chiefly  ex- 
ercised their  cruelty.  Thebulkofthe  people,  and  particularly 
the  provinces,  were  not  more  oppressed  than  they  had  been 
under  the  republic  :  Thus  Tacitus  observes,  JVeque  provin'^ 
cits  ilium  reru7n  statum  abnuebant^  suspecto  senatus  populu 
que  imperio  ob  certamina  potentiuniy  et  avaritiam  magistra- 
tuum  ;  invahdo  legum  auxilia,  qucc  vi^  amhitu^  postremo pe-f 
cuma  tiirbabantur^  Annal.  i.  12. 

PUBLIC  SERVANTS  OF  THE  MAGISTRATES. 

n|^HE  public  servants  {ministri)  of  the  magistrates  were 
-*-  called  by  the  common  name  of  APPARITORES, 
Liv.  i.  8.  because  they  were  at  hand  to  execute  their  com- 
mands, {quod  lis  apparebant,  i.  e.  prcssto  erant  adobsequium^ 
Serv.  ad  Virg.  ULn.  xii.  850.)  and  their  service  or  attend- 
ance, APPARiTio,  Cic.  Fam.  xiii.  54.     These  were, 

X.  SCRIBiE,  Notaries  or  clerks  who  wrote  out  the  pub- 
lic accounts,  the  laws,  and  all  the  proceedings  {acta)  of  the 
magistrates.  Those  who  exercised  that  office  were  said 
scriptum  facere,  Liv.  ix.  46.  Cell.  vi.  9.  {rora  scrip tus  -us., 
They  were  deno^minated  from  the  magistrates  whom  they 
attended ;  thus,  Scribsd  quiestorii^  eedihtii^  pnetori^  &c.  and 
were  divided  into  different  dtcuria" ;  whence  decuriam  erne-' 
re^  for  munus  s^riba  emere^  Cic,  Verr.  iii.  79.  This  office 
was  more  honourable  among  the  Greeks  than  the  Romans, 
Nep,  Eum.  1.  The  scriba  at  Rome  however  were  generally 
composed  of  free-born  citizens ;  and  they  became  so  re- 
spectable, that  their  order  is  called  by  Cicero  honestus  {quod 
mrumfidei  tabulfe  public ^^  periculaque  magistratuum  com- 
mittunturj^  Cic.  Ven*.  iii.  79. 

Tliere  were  also  actuarii  or  notarii^  who  took  down  in 
short  hand  what  was  said  or  done,  (notis  excipiebant)^  Suet. 
Jul.  55.  These  were  different  from  the  scriba^  and  were 
commonly  slaves  or  freed-men,  Dio.  Iv.  7.  The  scriba  were 
also  called  librarii,  Festas.    But  librarii  is  usually  put  for. 


Public  Servants,  ^c.  180 

those  who  transcribed  books,  Cic.  .Ut.  xii.  6.  Suet^  Domit, 
10.  for  which  purpost  the  wealthy  Romans,  who  had  a  taste 
for  literature,  sometimes  kept  several  slaves,  Nep.  Alt.  13. 

The  method  of  writing  short- hand  is  said  to  ha\  e  been  in- 
vented by  Mzecenas,  Dio,  Iv.  7.  according  to  Isidore,  by 
Tiro,  the  favourite  slave  and  freedman  of  Cicero,  Isid,  i.  22. 
Sencc.  Ev.  90. 

11.  PKiECONES,  heralds  or  public  criers,  who  were 
employed  for  various  purposes  : 

1.  In  all  public  assemblies  they  ordered  silence,  {silenti- 
um  indicebant  \ i:\imperabant:  Kxsurge,  pr/Eco,  fac  po- 
PULO  AUDiENTiAM,  Flaut.  FcETi.  pvoL  11.)  by  saying, 
SiLETE  vel  tacete;  and  in  sacred  rites  by  a  solemn 
form,  Favete  linguis,  Horat.  Od.  iii.  1.  Ore  favete 
o M N  e  s ,  Firg.  jEn.  v.  7 1 .  Hence  sacrum  silentium  for  <i-l- 
tissimum  or  maxitnum^  Horat.  Od.  ii.  13,  29.  Orefavent, 
they  are  silent ;   Ovid.  Amor.  iii.  13,  29. 

2.  In  the  comitia  they  called  the  tribes  and  centuries  to 
give  their  votes  ;  they  pronounced  the  vote  of  each  centu- 
ry ;  they  called  out  the  names  of  those  who  were  elected,  Cic, 
Verr.  v.  15.  (see  p.  101.)  When  laws  were  to  be  passed, 
they  recited  them  to  the  people,  (p.  97.)  In  trials  they  sum- 
moned \S\it  judices.,  the  persons  accused,  their  accusers,  and 
the  witnesses. 

Sometimes  heralds  were  employed  to  summon  the  people 
to  an  assembly,  Liv.  i.  59.  iv.  32.  and  the  senate  to  tiie  se- 
nate-house, iii.  ^Z.  (see  p.  9.)  also  the  soldiers,  when  en- 
camped, to  hear  their  general  make  a  speech,  Liv.  \.  28. 

3.  In  sales  by  atiction,  they  advertised  them  (auctionem 
conclamabant  \t\  pr(sdicabantj ^  Plaut.  Men.  fin.  Cic.  Verr, 
iii.  16.  Off.  iii.  13.  Horat.  de  Art.  Poet.  419.  They  stood 
by  the  spear,  and  called  out  what  was  offered.     See  p.  59. 

4.  In  the  public  games,  they  invited  the  people  to  attend 
them  ;  they  ordered  slaves  and  other  improper  persons  to  be 
removed  from  them,  Cic.  de  resp,  Har.  12.  Liv.  ii.  37.  they 
proclaimed  rp^^c^?C'2Afl«? /'  the  victors,  and  crowned  them, 
Cic.  Fam.  v.  12.  they  invited  the  people  to  see  the  secular 
games,  which  were  celebrated  oiuy  once  every  110  years, 
by  a  solemn  form,  Convenite  ad  ludos  spectandos, 

qUOS  NEC  SPECTAVIT  (^UISC^UAM,  NEC  SPECTATURUS 

|£ST,  Suet,  Claud,  21,  lierodian*  iii.  8, 


190  ROMAN  ANTIQUITIES. 

5.  In  solemn  funerals,  at  which  games  sometimes  used  t& 
be  exhibited,  Ctc.  de  legg.  ii.  24.  they  invited  people  to  attend 
by  a  certain  form  :  Exse(^uias  Chremeti,  quiBus  est 

COMMODUM,  IRE    JAM   TEMPUS   EST,  OLLUS  EFFERTUR, 

T^er.  Phorm.  v.  8.  38.  Hence  these  funerals  were  called  FU- 
NERA  INDICTIVA,  i^^^^w^  m  Quirites,  .Sw^f^  Jul, 
84.  The  pnecones  also  used  to  give  public  notice  when  such 
a  person  died ;  thus,  Ollus  q^uiRis  leto  datus  est, 
Festus,  ibid, 

6.  In  the  infliction  of  capital  punishment,  they  sometimes 
signified  the  orders  of  the  magistrate  to  the  iictor,  Liv.  xxvi, 
15.  LicTOR,  viRO  sorti  adde  virgas,  et  in  eum  le- 
ge primum  age,  ibid.  16. 

7.  When  things  were  lost  or  stolen,  they  searched  for 
them,.P/aw?.  Merc.  iii.  4.  v.  78.  Petron.  Arbit,  c.  57.  where 
an  allusion  is  supposed  to  be  made  to  the  custom  abolished 
by  the  iEbutian  law. 

The  office  of  a  public  crier,  although  not  honourable,  was 
profitable,  Juvenal,  vii.  6.  &c.  They  were  generally  free, 
born,  and  divided  into  decuri^. 

Similar  to  ih^  pro^cones  were  those  who  collected  the  mo- 
ney bidden  for  goods  at  an  auction,  from  the  purchaser,  call- 
ed COACTORES,  Hor,  Sat.  i.  6.  86.  Cic.  pro  Cluent.  64. 
They  were  servants  (ministri)  of  the  money-brokers  who  at- 
tended at  the  auctions :  \i^uztc5actionesargentariasfactita^ 
re,  to  exercise  the  trade  of  such  a  collector,  Suet.  Fesp.  1. 
They  seem  also  to  have  been  employed  by  bankers  to  pro- 
cure payment  from  debtors  of  every  kind.  But  the  collect- 
ors of  the  public  revenues  were  likewise  called  COACTO- 
RES, Cic.  pro  Rab.  Post.  11. 

III.  LICTORES.  The  lictors  were  instituted  by'Rom- 
ulus,  who  borrowed  them  from  the  Etruscans.  They  are 
commonly  supposed  to  have  their  name,  Liv.  i.  8.  {a  ligan- 
do)y  from  their  binding  the  hands  and  legs  of  criminals  before 
they  were  scourged,  Gell.  xii.  3.  They  carried  on  their 
shoulder  rods  {virgas  ulmeas^  Plaut.  Asin-  ii-  2-  v-  74-  iii-  2- 
V'  29.  Fiminti  fasces  virgarum.,  Id-  Epid-  i-  1.  26-  vel  ex  be- 
tula.,  Plin.  xvi- 18-)  bound  with  a  thong  in  tJie  form  of  a  bun- 
die,  {bacillos  lore  colligatos  ifi  modum  fascis),  and  an  axe  jut 
ting  out  in  the  middle  of  them-    They  went  before  ^11  tlu' 


i*UBLic  Servants,  fe*^.  IPX 

greater  magistrates,  except  tlie  censors,  one  by  one  in  a  line, 
Liv-  xxiv.  44-  He  who  went  foremost  was  called  PRIMUS 
Lie  rOR,  Cic'  ad  Fratr.  \-  17-  he  who  went  last,  or  next 
to  the  inagi->ilrate,  wascaUed  iUiOXIMUS  LlCl'OR,  Liv- 
ibid.  Sallust'  Jug-  12.  or  Fostremiis,  Cic.  Divin.  i.  :28.  i.  e. 
the  jliieflictor,  sum/nus  lictor,  who  used  to  receive  and  ex-' 
ecute  the  commands  of  the  magistrate. 
The  office  of  the  lictors  was, 

1.  To  remove  the  cro\\  d,  (iit  turbam  swnvioverent).,  Liv- 
iii.  11.  48.  viii.  ^2).  Hor.  Od.  ii.  16.  10.  by  saying,  Ckdite, 
CoysuL  VENiT  ;  date  viam;  vel  locum  consuli;  si 

ViBIS  VIDETUll,  DISCEDITE,    QuiilITES,  Llv.  ii.  5Q>.  OX 

sOiite  such  words,  {iolennis  ilh  lictorum  et  prenuncius  cla-  i 
mor^  Plin.  Pan.  61.)  whence  x\\q lictoris  c^MedsittJimotoradi- 
tus,  Liv.  xlv.  29.  This  sometimes  occasioned  a  good  deal 
of  noise  and  bustle,  Liv.  passim.  When  the  magistrate  re- 
turned home,  a  lictor  knocked  at  the  door  with  his  rod,  (/b- 
r^w,  uti  mos  est,  virga  percussit),  Liv.  vi.  34.  which  he  al- 
so did,  when  the  magistrate  went  to  any  other  house,  Plin, 
vii.  :30.  *.  31. 

2.  To  see  that  proper  respect  was  paid  to  the  magistrates, 
(ANIMAD VERTERE,  ut  debitus  honos  iis  redderetur)^ 
Suet.  Jul.  80.  What  this  respect  was,  Seneca  informs  us, 
Mpist.  64.  namely,  dismounting  from  horseback,  uncovering 
the  held,  going  out  of  the  way,  and  also  rising  up  to  them, 
&c.  Suet.  Jul.  78. 

3.  To  inflict  punishment  on  those  who  were  condemned, 
which  they  were  ordered  to  do  in  various  forms ;  I,  Lictor, 
coLLiGA  MANUs  ;  1,  Caput  obnube  hujus  ;  Arbori 

INFELICI  SUSPENDE  ;  VeRBERATO  VEL   INTRA   POM^- 

RiuM  vel  extra  pom^rium,  Liv.  i.  26.  I,  Lictor,  de- 
j.iGA  AD  PALUM.  Id.  viii.  7.  Accede,  Lictor,  virgas 
ET  secures  expedi.  Id.  viii.  32.  In  eum  lege  age,  i.e. 
securi,  percute,  vei./m,  xxvi.  16. 

The  lictors  were  usually  taken  from  the  lowest  of  the  com- 
mon people,  Liv.  ii.  55.  and  often  were  the  freedmen  of  him 
on  wiiom  they  attended.  They  were  different  from  the  pub- 
lic slaves,  who  waited  on  the  magistrates,  Cic.  in  Ferr.  i.  26. 

IV.  ACCENSl.  These  seem  to  have  had  their  name 
from  summoning  (ab  accicndo)  the  people  to  an  assembly, 


192  ROMAN  ANTIQUITIES. 

and  those  who  had  law-suits  to  court,  {in  jus  J.  One  of  theta 
attended  on  the  consul  who  had  not  the  fasces,  Suet.  JuL 
20.  Liv.  iii.  33.  Before  the  invention  of  clocks,  one  of  them 
called  out  to  the  preetor  in  court  when  it  was  the  third  hour, 
or  nine  o'clock,  before  noon  ;  when  it  was  mid-day,  and  the 
ninth  hour,  or  three  o'clock  afternoon,  Farro  de  Lat-  ling-  v» 
9.  Flin-  vii-  60-  They  were  commonly  the  freedmen  of  the 
magistrate  on  whom  they  attended ;  at  least  in  ancient  times, 
Cic-  ad  Fratr-  i.  1.  4.  The  Accensi  were  also  an  order  of 
soldiers,  called  Supernumerarit,  because  not  included  in  the 
legion,  Feget'  ii- 19-  Ascon-  in  Cic-  Verr-  i-  28-  hiv-  viii-  8,  £sP 
10. 

V-  VIATORES-  These  were  properly  the  officers  who 
attended  on  the  tribunes,  Liv-  ii-  56-  and  aediles,  xxx.  39^ 
Anciently  they  used  to  summon  the  senators  from  the  doun^ 
try  where  they  usually  resided  ;  whence  they  had  their  name, 
{quods'^pe  in  via  essent)^  Cic.  de  Sen.  16-  Columell.  Prsf.  1- 

VL  CARNIFEX*  The  public  executioner  or  hangman, 
who  executed  {supplicio  afficiebat)  slaves,  and  persons  of  the 
lowest  rank  ;  for  slaves  and  freedmen  were  punished  in  a 
manner  different  from  free-born  citizens,  TaciuAnnal  iii.  50- 
The  carnifex  was  of  servile  condition,  and  held  in  such  con- 
tempt, that  he  was  not  permitted  to  reside  within  the  city, 
Cic.  pro  Rabir  5.  but  lived  without  the  Porta  Metia^  or 
£squiiina.  Plant-  Pseud-  i.  3-  v-  98  near  the  place  destined 
for  the  punishment  of  slaves,  (juxta  locutn  servdi^us  p^nis 
^epositum,  Tac-  Annal  xv-  60  ii-  32-)  called  Scstertium, 
Plutarch-  in  Galb-  where  were  erected  crosses,  and  gibbets, 
icruces  et  patibula^  Tac-  Annal.  xiv-  33-)  and  where  also  the 
bodies  of  slaves  v/ere  burnt,  Plant.  Cas.  ii.  6.  v.  2.  or  thrown 
out  unburied,  Hor.  Epod.  v.  99. 

Some  think  that  the  carnifex  was  anciently  keeper  of  the 
prison  under  the  Triumviri  capitales^  who  had  only  the  su- 
perintendence or  care  of  it:  hence  trader  e  \fA  traliere  act 
carmficem^  to  imprison,  Plant.  Rud.  iii.  6.  v.  19, 

LAWS  OF  THE  ROMANS. 

npHE  laws  of  any  country  are  rules  established  by  public 

-■-  authority,  and  enforced  by  sanctions,  to  direct  the  con. 

duct;  and  secure  die  rights  of  its  mhabitants.    (LEXJw^^i 


Laws  of  the  Romans.  193 

^njusiique  re^ula,  Sencc.  de  bcnef.  iv.  12.  Leg  eg,  quidaliud 
sunt,  quavi  minis  mixta  pracepta  ?  Id.  Epist.  94.) 

The  laws  of  Rome  were  ordained  by  the  people,  upon  the 
application  of  a  magistrate,  {rogante  magistratu).  See  p.  93, 
97. 

The  great  foundation  of  Roman  law  or  jurisprudence, 
{Bomani  juris),  was  that  collection  of  laws  called  the  law, 
Liv.  xxxiv.  6.  or  laws  of  the  Twelve  Tables,  compiled  by 
the  decemviri^  and  ratified  by  the  people,  (see  p.  168.)  a  work, 
in  the  opinion  of  Cicero,  superior  to  all  the  libraries  of  phi- 
losophers, (.omnibus  omnium  philosophorum  bibliothecis  ante- 
ponendum),  de  Orat.  i.  44.  Nothing  now  remains  of  these 
laws  but  scattered  fragments. 

The  unsettled  state  of  the  Roman  government,  the  exten- 
sion of  the  empire,  the  increase  of  riches,  and  consequently 
of  the  number  of  crimes,  with  various  other  circumstances, 
gave  occasion  to  a  great  many  new  laws,  {corruptissima  re- 
publica  plurima  leges.  Tacit.  Annal.  iii.  27.) 

At  first  those  ordinances  only  obtained  the  name  of  laws, 
which  were  made  by  the  Comitia  Centuriata,  (POPULIS^. 
CITA),  Tacit.  Annal.  iii.  58.  but  afterwards  those  also 
which  were  made  by  the  Comitia  Trihuta,  (PLEBISCL 
TA),  when  they  were  made  binding  on  the  whole  Roman 
people  ;  first  by  the  Horatian  law,  {ut  quod  tributim  plebes 
jussisset^populum  teneret),  Liv.  iii.  55.  and  afterwards  more 
precisely  by  the  Publilian  and  Hortensian  laws,  {ut  plebis- 
eita  OMNES  QUIRITES  tenerent),  Liv.  vili.  12.  Epit. 
xi.  Plin.  xvi.  10.  s.  15.  Gell.  xv.  27. 

The  different  laws  are  distinguished  by  the  name,  (no- 
men  gentis)  of  the  persons  who  proposed  them,  and  by  thei 
subject  to  which  they  refer. 

Any  order  of  the  people  was  called  LEX,  whether  it  re- 
spected the  public,  ijus  publicum  vel  sacrum'),  tlie  right  of 
private  persons,  (jus  privatum  vel  civile),  or  the  particular 
interest  of  an  individual.  But  this  last  was  properly  called 
PRIVILEGIUM,  Gell.  x.  20.  Ascon.  in  Cic.  pro  Mil 

The  laws  proposed  by  a  consul  were  called  CONSULA- 
RES,  Cic.  Sext.  64.  by  a  tribune,  TRlBUNITIiE,  Cic. 
in  RulL  n.  8.  by  the  decemviri,  DECEMVIRALKS.  Liv- 
iii.  $5,  56,  &  57. 

Dd 


194  ROMAN  ANTIQUITIES. 

DIFFERENT  SIGNIFICATIONS  OF  JUS  ANI> 
LEX,  AND  THE  DIFFERENT  SPECIES  OF 
THE  ROM  AN  LAW. 

THE  words,  /?/5  and  Lex,  are  used  in  various  senses. 
They  are  both  expressed  by  the  English  word  LAW. 

Jus  properly  implies  what  is  just  and  right  in  itself,  or 
what  from  any  cause  is  binding  upon  us,  Cic.  de  Qffic.  iii. 
21.  Lex  is  a  written  statute  or  ordinance  :  (Lex,  qua  scrip.' 
to  sancit,  quod  vult^autjuhendoyautvetando,  Cic.  de  legg. 
i.  6.  clegEndo,  quod legi  solely  ut  innotescat,  Varro  de 
Lat.  Ling.  v.  7.  legere  leges  propositus  jussere,  Liv.  iii.  34- 
vel  a  delectu,  Cic.  de  legg.  i.  6.  ajusto  etjure  legendo..  i.  e.  <?/z- 
gendo,  from  the  choice  of  what  is  just  and  right.  Id.  ii.  5. 
hEx^justorum  injustorumque  distinction  ibid.— Gr*co  no- 
ftiine  appellata,  i>io/Mi,  a  suum  cuique  tribuendo.  Id.  i.  6.) 

Jus  is  properly  what  the  law  ordains,  or  the  obligation 
which  it  imposes ;  {est  enim  JUS  quod  LEX  constituit. 
That  is  law  J  or,  That  is  binding,  which  the  law  ordains,  Cic. 
de  legg.  i.  15.  ad  Herenn.  i\.  13.)  Or,  according  to  the 
Twelve  Tables,  Quo dcun^jje  populus  jussit,  id  jus 
EsTo,  Liv.  vii.  17.  ix.  ^2t.    cj^uod  major  pars  judica- 

HIT,  ID  JUS  RATUMqUE  ESTO,   ClC. 

^Mijus  and  lex  have  a  different  meaning,  according  to  the 
words  with  which  they  are  joined  :  thus. 

Jus  NATURE  vel  istaturale,  is  what  nature  or  right 
reason  teaches  to  be  right ;  and 7?«  gentium,  what  all  na- 
tions esteem  to  be  right ;  both  commonly  reckoned  the 
same,  Cic.  Sext.  42.  Harusp.  resp,  14. 

Jus  civium  vel  civile,  is  what  the  inhabitants  of  a  par- 
ticular country  esteem  to  be  right,  either  by  nature,  custom, 
or  statute,  Cic.  Topic,  5.  Of.  iii.  16.  17.  de  Orat.  i.  48. 
Hence  constituere  jus,  quo  omnes  utantur,  pro  Dom.  cui 
subjecti  sint,  pro  Ca3cin.  So  jus  Romanum,  AngUcum,  &c. 
When  no  word  is  added  to  restrict  it,  j us  civile  is  put  for 
the  civil  law  of  the  Romans.  Cicero  sometimes  opposes 
jus  civile  to  jus  naturale,  Sext.  42.  and  sometimes  to  what 
we  call  Criminal  law,  ij us  publicum) ^  Verr.  i.  42.  Caecin.  2. 
inCsecil.  5. 

Jus  COMMUNE,  what  is  held  to  be  right  among  men  in  ge- 


Laws  of  the  Romans.  195 

rtera),  or  among  the  inhabitants  of  anj'  country,  C'lc.  Ccec'itu 
4.  Digest,  et  Institute 

Jus  PUBLICUM  ft  PRIVATUM,  what  is  right  with  respect 
to  th  people,  {quasi  Jus  fjofjulicum),  or  tlie  public  at  large, 
an*l  with  respect  to  individuals  ;  pohtical  and  civil  law, 
Lrv.  iii.  34.  Cw.  Fam.  iv-  14-  Phn  Epist-  i-  22-  But  7^/.? 
puhlicum  is  also  put  for  the  right  which  the  citizens  in  com- 
mon enjoyed,  (Jus  commune),  Tercnt-  Phorm-  ii-  2-  65- 

Jus  Senatorium,  {\)2lX^  juris  p/z/V?/-?'),  what  related  to 
the  rights  and  customs  of  the  senate  ;  u  hat  was  the  power 
of  those  who  might  make  a  motion  in  the  senate,  {qute  po- 
testas  r.fferentibus) ^{■6Qt  ^'  13-)  what  the  privilege  of  those, 
who  delivered  tiieir  opniion,  {quid censentihus  jus)  ;  what 
the  power  of  the  magistrates,  and  the  rights  of  the  rest  of  the 
members,  &:c.  Plin.  Ep.  viii.  14. 

Jus  DiviNUMe^iruMANUM,  what  is right  with  respect  to 
things  divine  and  human,  Liv.  i.  18.  xxxix.  16.  Tacit.  An^- 
nal.  iii.  26.  70.  vi.  26.  Hence /u.?  et  jura  sifiunt,  law^  di- 
vine and  human,  Plrg.  G.  i.  269.  Contra  jus  fasque^  Sail. 
Cat.  IS.  Jus  fasquf  exuere^  Tacit.  Hist.  iii.  5.  Omnejus  et 
fas  delete^  Cic.  Qiio  jure^  quave  injuria,  right  or  urong, 
Terent.  And.  i.  3.  9.  Per  fas  et  nr^faa^  Liv.  vi.  14.  Jus  et 
injuria.  Sail.  Jug.  16.  Jure  fieri.,  Jure  cccsus,  Suet.  Jul.  76. 

Jus  PiitEtgrium,  what  the  edicts  of  the  prre tor  ordained 
to  be  riKht,  Oc.  de  Offic.  i.  10.  Ver.  i.  44. 

Jus  HONORARIUM.  See  p.  131. 

Jus  Flavian  um,  JE,li  a  n  um,  kc.  the  books  of  law  com- 
posed by  Flavius,Z/zi;.  ix.  46.  /Elius,  &c.  Urb  a  num,  i.  e. 
CIVILE  privatum,  ex  quo  jus  dicit  prt^tor  urbaniis.,  Cic, 
Verr.  Act.  i.  1. 

Jus  PRiEDiATORiuM.  The  law  observed  with  respect  to 
the  goods  (/jr^</za  y^ipr^dia  bona,  Ascon.  in  Cic.)  of  those 
who  were  sureties  iprtedes)  for  the  farmers  of  the  public  reve- 
nues, or  undertakers  of  the  public  works,  (mancipes),  which 
were  pledged  to  the  pubiiCjipubiwo  obhgata  \t\pignori  oppo- 
sita),  and  sold,  if  the  farmer  or  undertaker  did  not  perform 
his  ijargain,  Cic.  pro  Balb.  20.  Verr.  i.  54.  Fam.  v.  20.  Suet, 
Claud.  9.  Hence  Prediator,  a  person  who  laid  out  his 
money  in  purchasing  these  goods,  Cic.  Att.  xii.  14.  17.  and 
whoj  of  course,  was  well  acquainted  with  what  \\'as  rifvht  m 


im  ROMAN  ANTIQUITIES. 

wrong  in  such  matters,  (juris  prcedatorii  peritus)^  Id.  Balb* 
20. 

Jiis  Feci  ALE,  the  law  of  arms  or  heraldry,  Cic-  Offc.  i. 
11.  or  the  form  of  proclahning  war,  Liv,  i.  32. 

Jus  LEGiTiMUM,the  common  or  ordinary  law,  ihe  same 
"wlih  jus  civile  y  Cic.  pro  Dom.  13,  14.  hut  jus  legitimum  ex- 
igere,  to  demand  one's  legal  right,  or  what  is  legally  due, 
JFam.y'm.  6. 

Jus  CoNsuETUDiNis,whatlong  use  hath  established,  op- 
posed tohEGEJuSy  or  jus  scriptum,  statute  or  written  law, 
Cic.  de  Invent,  ii.  22.  54.  Jus  civile  constat  aut  ex  scripto 
aut  sine  scripto,  1.  6.  D.  dejustit.  et  jur. 

Jus  PoNTiFiciuM  vel  S  A  c  ii  u  M ,  what  is  right  with  regard 
to  religion  and  sacred  things,  much  the  same  with  what  was 
afterwards  called  Ecclesiastical  law ^  Cic.  pro  Dom.  12, 13, 
14,  de  legibus,  ii.  18.  fee.  Liv«  i.  20.  So  jus  religionis,  au" 
gurum,  co'remoniarum,  auspiciorum,  &c. 

Jus  Bellicum  vel  belli,  what  may  be  justly  done  to  a 
state^at  war  with  us,  and  to  the  conquered,  Cies.  de  bell.  G,  i, 
27.  Cic.  Off.  i.  11.  iii.  29.  Liv.  i.  1.  v.  27.  Hence  Leges  si- 
lent  inter  arma,  Cic.  in  Mil.  4.  Ferrejus  in  armis,  Liv.  v.  3. 
Facerejus  ense,  Lucan.  iii.  821.  viii.  642.  ix.  1073.  Jusque 
datum  scelerzy  a  successful  usurpation,  by  which  impunity 
and  a  sanction  were  given  to  crimes,  Id.  i.  2. 

Juris  disciplina,  the  knowledge  of  law,  Cic.  Legg.  l  5-  m- 
telligentia jl^hil.  IX.  5-  interpretation  Off  i.  11^  STUDiosiy^- 
rw,  i-  e.jurisprudentiiG,  Suet.Ner.  32.  Gell.  xii.  13.  Consultiy 
periti,  &.C.  Lawyers,  Cic. 

Jure  et  legibus ,  by  common  and  statute  law,  Cic.  Ferr,  i. 
42.  44.  So  Horace,  Fir  bonus  est  quis?  Qui  consultapatrum^ 
qui  leges,  juraque  servat,  csfc.  Epist.  i.  xvi.  40.  Jursi  dabat 
legcsque  viris,  Virg.  JEn.  i.  509. 

But  Jura  is  often  put  for  laws  in  general ;  thus,  JVova 
jura  condere,  Liv.  iii.  33.  Jura  inventa  metu  injustifateare 
necesseest^  Horat.  Sat.  I.  iii.  111.  Art.  P.  122.  398.  civica 
jura  respondere,  Ep.  1.  3.  23. 

Jus andiEquiTAs aredistinguished, Cic. Off.  iii.l6.Firg. 
ii.  A26-JUS  dndjustitia  ;  jus' civile  and  leges,  Phil.  ix.  5.  So 
jEquum  et  bonum,  is  opposed  to  callidum  versutumquejus, 
an  artful  interpretation  of  a  written  law,  Cacin.  23.  Summum 
juSi  the  rigour  of  the  law,  svmma  injuria^  Off.  i,  11.  Summo 


Laws  o/" Me  Romans.  197 

jure  agere^cojiiendere.experire,  Sic  to  try  the  utmost  stretch 
of  law. 

Jus  vel  jDRA  Qiaritium,  civium,  &c.  See  p.  46,  &c. 

Jura  sanguinis ^cognatwnisy  &.c.  necessittido^  w.jusneceS' 
situdinis,  relationship,  Suet.  Calig.  26. 

Jus  regni,  a  right  to  the  crown,  Liv.  i.  49.  Honorum,  to 
preferments,  Tacit,  xiv.  5.  Quibus  per  fraudem  jusfuit, 
power  or  authority,  SaUust.  Jug.  3.  Jus  luxuri^e  fmbliac  da., 
turn  est,  a  licence,  Senec.  Epist.  18.  Quibusfallere  acfurari 
jus  i'rat^  Saet.  Ner-  16.  In  jus  et  ditionem  vel  potestatem 
alicujus  venire^concedere.,  Liv.  &  Sail.  Habere  jus  in  aliquem  ; 
sui juris  esse  ac  mancipii,  i.  e.  sui  arbitrii  et  nemini  parere, 
to  be  one's  own  master,  Cic.  In  controverso  jure  est^  it  is  a 
point  of  law  not  fixed  or  determined,  Liv.  iii.  55« 

Jus  dicere  vel  reddere^  to  administer  justice.  Dare  jus 
gratice^  to  sacrifice  justice  to  interest,  Liv. 

Jus  is  also  put  for  the  place  where  justice  is  administered ; 
thus.  In  jus  e  amus,  i.  e.  ad pratoris  sellam^  Donat.  in  Ter. 
Phorm.  V.  7.  43.  &  88.  Injure^  i.  e.  apud  pratorem^  Plaut. 
Rud.  iii.  6.  28.  Men«  iv.  2.  19.  Dejure  currere^  from  court, 
Cic.  Quint.  25. 

LEX  is  often  taken  in  the  same  general  sense  with  Jus : 
thus,  Lex  est  recta  ratio  imperandi  atqiie  prohibendi^  a  nu* 
mine  deorum  tracta  ;  justorum  injustorumque  distinctio  ; 
aternum  quiddam,  quod  universum  mundum  regit  ; — Con- 
sensio  omnium  gentium  lex  fiaturce  putanda  est  ;  nnn  scrips 
ta,  sed  nata  lex  : — Salus  populi  suprema  lex  esto  ;  funda- 
mentum  libertatis,  fans  aquitatis,  ^c.  Cic-  de  Legg.  pro 
Cluent.  53. 

Leges  is  put,  not  only  for  the  ordinances  of  the  Roman 
people,  but  for  any  established  regulations ;  thus,  of  the 
free  towns,  Leges  municipales,  Cic.  Fam.v'i.  18.  of  the 
allied  to\vns,  Ferr,  ii.  49,  50.  of  the  provinces,  ibid.  13. 

When  Lex  is  put  absolutely,  the  law  of  the  Twelve  Ta- 
bles is  meant ;  as.  Lege  hareditas  adgentem  Minuciam  ve~ 
niebat^  Cic.  Verr.  i.  45.  Ea  adnos  redibat  lege  hareditast 
Ter.  Hecyr.  i.  2.  97. 

Leges  Censor i^, form sofleasesorregulations  made  by 
the  censors,  Cic.  Verr.  i.  55.  iii.  7.  Prov.  Cons.  5.  Rab^r, 
Perd,  3.  ad  Q.  Fr,  i.  12.  Lex  mancipii  vel  mancipium,  the 


198  ROMAN  ANTIQUITIES. 

form  and  condition  of  conveying  property,  de  Orat,  i.  39, 
Cic.  Off.nu  16. 

Leges  venditionis,  vel  venalium veiidendoriim^ agrutn  vel 
domum  pos.^idencii,  ^c.  Rules  or  conditions,  Cic.  de  Orat.  i^ 
58.  liorat.  Epist.  ii.  2.  v.  18.  Hence  Emere^  vendere  hac 
vel  ilia  lege^  i.  e.  6m6  hac  conditione  vel  pacto^  Siiet.  Aug. 
21.  -^a  legeO-.  e.  ex  pacto  et  conventu)  exierat,  Cic.  Att. 
\i.  3.  ^fzc  lege  atque  omine,  Ter.  And.  i.  2,  29.  Heaut.  v. 
5,  10.  //6'a:  i;z7t^,  ^wa  naii  sumus,  Cic.  Tusc.  16.  mea  lege 
utar^  I  will  observe  my  rule,  Ter.  Fhorm.  iii.  2.  ult. 

Leges  historic ^ poematum^  versuum^  &c.  Rules  observed 
in  writing,  Cic.  de  legg.  Ll.de  Orat,  iii.  49.  Thus  we  say, 
the  laws  of  history ,  of  poetry,  versifying,  &c.  and  in  a  simi- 
lar  sense,  the  laws  of  motion,  magnetism,  mechanics,  Sec. 

In  the  Corpus  Juris,  Lex  is  put  for  the  Christian  religion ; 
thus,  Lex  Christiana  Catholica^venerabilis,sanctissipja,^c, 
But  we  in  a  similar  sense  use  the  word  law  for  the  Jewish 
religion ;  as,  the  Law  and  the  Gospel :  or  for  the  Books  of 
Moses  ;  as,  the  Law  and  the  Prophets. 

Jus  RoMANUM,  or  Roman  law^  was  either  written  or  un^ 
ivritten  law^  (Jus  sgriptum  autNON  scriptum).  The  se- 
veral species  which  constituted  ih^jus  scriptum^  were,  laws, 
properly  so  called,  the  decrees  of  the  senate,  the  edicts  or  de- 
cisions of  magistrates,  and  the  opinions  or  writings  of  law- 
yers. Unwritten  law,  {jus  non  scriptum)^  comprehended  na- 
tural equity  and  custom.  Ancientlj'^Jzw  scriptum  only  com- 
prehended laws  properly  so  called.  Digest,  de  orig.  jur^  All 
these  are  frequently  enumerated  or  alluded  to  by  Cicero, 
%vho  calls  them,  Fontes  ^c^uitatis,  Topic.  5,  ^c.  adHe-^ 
renn,  ii.  13. 
LAWS  of  the  DECEMVIRI,  or,  The  XII  TABLES. 

VARIOUS  authors  have  endeavoured  to  collect  and  ar- 
range the  fragments  of  the  Twelve  Tables.    Of  these 
the  most  eminent  is  Godfrey,  {Jacobus  Gothofredus), 
According  to  his  account, 

The  I.  table  is  supposed  to  have  treated  of  law-suits  ;  the 
II.  of  theft  and  robberies  ;  III.  of  loans,  and  the  right  of  cre- 
ditors over  their  debtors ;  IV.  of  the  right  of  fathers  of  fami- 
lies  ;  V.  ofinheritances  and  guardianships  ;  VI.  of  property 
and  possession  ;  VII.  of  trespasses  and  damages ;  VIIL  of 


La\Vs  of  the  Romans.  19^ 

estates  in  tlie  country  ;  IX.  of  the  common  rights  of  the 
people  ;  X.  of  funerals,  and  all  ceremonies  relating  to  the 
dead  ;  XI.  of  the  worship  of  the  gods,  and  of  religion ;  XII. 
of  marriages,  and  the  right  of  husbands. 

Several  ancient  lawyers  are  said  to  have  commented  on 
these  laws,  CzV.  de  legg.  ii.  23.  Flifi.  xiv.  13.  but  their  works 
are  lost. 

The  fragments  of  the  Twelve  Tables  have  been  collected 
from  various  authors,  many  of  them  from  Cicero.  The  laws 
are  in  general  \ery  briefly  expressed  :  thus, 

Si  in  jus  vocet,  ArquK  (i.  e.  statiin)  eat 

Si    membrum  rupsit  (rufierit^^  ni  cum  eo  pacit  (fmciacetiirj^ 

TALIO  ESTO. 

Si  falsum  testimonium  dicassit  (^dixerit)  saxo  dejicitor. 
Privilegia  ne  ikroganto  ;   sc  viagistratus. 
De  capite  (cle   vi(a,  liberfate^  etjurc)   civis  Romani,  nisi  per 
MAXIMUM  centuriatum  (fier  cnmitia  centuriata)  ne  ferunto. 
Quod  postremum  populus  jussit,  id  jus  ratum  esto. 

HOMINEM  MORTUUM  IN  URBE  NE  SEPELITO,  NEVE  URiTO. 

Ap  DiVOS  ADEUNTO  CASTE  :  PIETATEM  ADHIBENTO  :  OPE»  AMO- 
TEN TO.      Qui  SECUS  FAXIT,  DeUS  IPSE  VINDEX  ERIT. 

FeRIIS  JURGIA  AMOVENTO  Ex  PATRIIS  RITIBUS  OPTIMA  COLUN- 
TO. 

PeRJURII  poena  DIVINA,  EXITIUM  ;    HUMANA,  DEDECUS. 

ImPIUS  ME  AUDETO   PLACARE  DONIS  IRAM  DeORUM. 

NeqUIS  AGRUJI  eONSECRATO,  AURI,  ARGENTI,  EBORIS  SACRANDI 
MODUS  ESTO. 

The  most  important  particulars  in  the  fragments  of  the 
Tvi^elve  Tables  come  naturally  to  be  mentioned  and  explain- 
ed elsewhere  in  various  places. 

After  the  publication  of  the  Twelve  Tables,  every  one  un- 
derstood what  was  his  right,  but  did  not  know  the  way  to 
obtain  it.  For  this  they  depended  on  the  assistance  of  their 
patrons. 

From  the  Twelve  Tables  were  composed  certain  rites  and 
forms,  which  were  necessary  to  be  observed  in  prosecuting- 
law-suits,  {quibus  inter  se  homines  disc ep tar ent)^  called  AC- 
TIONES  LEGIS.  The  forms  used  in  making  bargains,  iu 
transferring  property,  &c.  were  called  ACTUS  LEGIl'I- 
MI. — There  were  also  certain  days  on  which  a  law-suit 
could  be  raised,  i^quando  lege  agi  posset)  ^  or  justice  could  be 
kwfully  administered,  Kdies  FA-STI\  and  others  on  which 


200  ROiMAN  ANTIQUITIES. 

that  could  not  be  done,  (NEF  ASTI) ;  and  some  on  which 
it  could  be  done  for  one  part  of  the  day,  and  not  for  another, 
(INTERCISI).  The  knowledge  of  all  these  things  was  con- 
fined to  the  patricians,  and  chiefly  to  the  Pontifices^  for  ma- 
ny years  ;  till  one  Cn.  Flavins,  the  son  of  a  freedman,  the 
scribe  or  clerk  of  Appius  Claudius  Ccscus,  a  lawyer,  who 
had  arranged  in  writing  these  actiones  and  days,  stole  or  co- 
pied the  book  which  Appius  had  composed,  and  published 
it,  A.  U.  440,  {fastos  publicavit^  et  actiones primum  edidit). 
In  return  for  which  favour  he  was  made  curule  tedile  by  the 
people,  and  afterwards  pr^stor.  From  him  the  book  was  call- 
ed JUS  CIVILE  FLA VIANUM,  Lw.  ix.  46.  Cic.  de  0- 
rat.  i.  41.  Murcen,  11.  Att.  vi.  1. 1.  2.  \  7.  D.  deohg.  Juris, 
Gell.  vi.  9.  Faler.  Max.  ii.  5.  2.  Plin.  xxxiii.  1.  s.  6. 

The  patricians,  vexed  at  this,  contrived  new  forms  of  pro- 
cess ;  and  to  prevent  their  being  made  public,  expressed 
them  in  writing  by  certain  secret  marks,  (NOTIS,  Cic. pro 
Mur.  11.  somewhat  like  what  are  now  usedm  writing  short- 
hand), or,  as  others  think,  by  putting  one  letter  for  another, 
(as  Augustus  did,  Suet.  Aug.  88.)  or  one  letter  for  a  whole 
word,  {per  SIGLAS,  as  it  is  called  by  later  writers).  How- 
ever, these  forms  also  were  published  by  Sextus  iElius  Ca- 
tus,  (who  for  his  knowledge  in  the  civil  law,  is  called  by  En- 
nius  egregie  cordatus  homo),  a  remarkably  wise  man,  Cic. 
de  Orat.  i.  45.)  His  book  was  named  JUS  iELIANUM. 
The  only  thing  now  left  to  the  patricians  was  the  inter- 
pretation of  the  law  ;  which  was  long  peculiar  to  that  order, 
and  the  means  of  raising  several  of  them  to  the  highest  ho- 
nours of  the  state. 

The  origin  of  lawyers  at  Rome  was  derived  from  the  insti- 
tution of  patronage.  (See  p.  32.)  It  was  one  of  the  offices 
of  a  patron  to  explain  the  law  to  his  clients,  and  manage 
their  law-suits. 

TITUS  CORUNCANIUS,  who  was  the  first  plebeian 
Pontifex  Maximus,  A.  U.  500,  Liv.  epit.  18.  is  said  to  have 
been  the  first  who  gave  his  advice  freely  to  all  tlie  citizens 
without  distinction,  /.  2.  ^  35.  h  38.  D.  de  orig.jur.  whom 
many  afterwards  imitated ;  as,  Manilius,  Crassus,  Mucins 
Scsevola,  C.  Aquilius,  Gallus,  Trebatius,  Sulpicius,  &lc. 
Those  who  professt-d  to  give  advice  to  all  promiscuously, 


Laws  of  the  Romans.  "2X^1. 

tised  to  walk  across  the  forum,  (^transversa  foro)^  and  were 
applied  to  {ad  eos  adibatur)  there,  or  at  their  own  houses, 
Cic.  Orat.  iii.  33.  Such  as  were  celebrated  for  their  know- 
ledge ifi  law,  often  h:id  tlieir  dof)rs  beset  with  clients  before 
da5-break,  Hor.  Sit.  i.  l.i>.  9.  E^isf.  ii.l.  103.  for  their  cjate 
was  open  to  all,  icunctisjanua  patebut,  Tibull.  i.  4.  78») 
and  the  house  of  an  Eminent  lawyer  was  as  it  were  the  ora- 
cle of  the  whole  city,  Cic.  de  Orat.  i.  45.  Hence  Cicero  calls 
their  power  Recnum  judiciale.  Aft.  i.  I. 

Tiie  lawyer  gave  his  answers  from  an  elevated  seat,  {ex 
solio,  tanquam  ex  tripode),  Cic.  de  legg.  1.  3.  Orat.  ii.  33. 
iii.  33.  The  client  coming  up  to  him  said,  Licet  coNStJ- 
LERE  '?  Cic.  pro  Mur.  13.  The  la\vyer  answered.  Consu- 
me. Then  the  matter  was  proposed,  and  an  answer  returned 
very  shortly  ;  thus,  Qu.^ro  an  existimes  ?  vel,  Id  jus 

EST  NEC   NE  ? SECtJNDUM  EA,  <^U^  PROPONUNTUR, 

ExisTiMO,  PLACET,  vvTO^Horat.  Sut.\i.3. 192.  Lawyers 
gave  their  opinions  either  by  word  of  mouth,  or  in  writing; 
commonly  without  any  reason  annexed,  Senec.  Epist.  94, 
but  not  always. 

Sometimes  in  difficult  cases,  the  lawyers  used  to  meet  near 
the  temple  of  Apollo  in  the  Forum,  Juvenal,  i.  128.  and  af- 
ter deliberating  together,  (which  was  called  DISPUTATIO 
FORI),  they  pronounced  a  joint  opinion.  Hence  what  was 
determined  by  the  lawyers,  and  adopted  by  custom,  was 
ealkd  Recepta  sententia,  Receptum  jus,  Recep- 
Tus  Mos,  post  multas  variationes  receptum;  and 
the  rules  observed  in  legal  transactions  by  their  consent, 
were  called  Regul/Ejuris. 

When  the  la-.vs  or  edicts  of  the  pr?etor  seemed  defective, 
the  lawyers  supplied  what  was  wanting  in  both  from  natural 
equity  ;  and  their  opinions  in  process  of  time  obtained  the 
authority  of  laws.  Hence  lawyers  were  called  not  only  in- 
t^rpretes,  but  also  CONDITORES  et  AUCTORES  JU^ 
RiS,  Digest,  and  their  opinions,  JUS  CIVILE,  Cic.  pro, 
deem.  24.  de  ojfic.  iii.  16.  opposed  to  leges,  Caecin.  26. 

Cicero  compiams  that  many  excellent  institutions  had 
been  perverted  by  the  refinements  of  lav/yers,  pro  Mur.  12, 

Under  the  republic,  any  one  that  pleased  might  profesb  to 
give  advice  about  matters  of  law ;  but  at  first  this  was  only 


'Ml  ROMAN  ANTIQUITIES. 

done  by  persons  of  the  highest  rank,  and  such  as  were  dis^ 
tinguished  by  their  superior  knowledge  and  wisdom.  By 
the  Cincian  law,' lawyers  were  prohibited  from  taking  f^^s 
or  presents  from  those  who  consulted  them  ;  hence,  turpc 
reos  EMPTA  miseros  defender e  lingua.  Ovid.  Airior.  i. 
10,  39.  which  rendered  the  profession  of  jurisprudence  high- 
ly respectable,  as  being  undertaken  by  men  of  rank  and  learn- 
ing, not  from  the  love  of  gain,  but  from  a  desire  of  assisting 
their  fellow-citizens,  and  through  their  favour  of  rising  to 
preferments.  Augustus  enforced  this  law  by  ordaining 
tliat  those  who  transgressed  it  should  restore  fourfold,  Dio. 
liv.  18. 

Under  the  Emperors  lawyers  were  permitted  to  take  fees, 
(HONORARIUM,  certam  justamque  merctdem^  Suet, 
Ner.  17.)  from  their  clients  ;  but  not  above  a  certain  Sum, 
{.capiendis  pecuniis  posuit  modum  (sc.  Claudius)  usque  ad 
dena  sestertta,  Tac.  Annal.  xi-  7.)  and  after  the  business 
was  done,  (Feractis  negGtiispermittebatpecunias  duntaxat 
decern  millium  dare,  Plin.  Epist.  v.  21.)  Thus  the  ancient 
connection  between  patrons  and  clients  fell  into  disuse,  and 
every  thing  was  done  for  hire.  Persons  of  the  lowest  rank 
sometimes  assumed  the  profession  of  lawyers,  Juvenal,  viii. 
47.  pleadings  became  venal,  {.venire  advocationes)  advocates 
made  a  shameful  trade  of  their  function  by  fomenting  law- 
suits, {in  lites  coire)  ;  and,  instead  of  honour,  which  was 
formerly  their  only  reward,  lived  upon  the  spoils  of  their 
fellow- citizens,  from  whom  they  received  large  and  annual 
salaries,  Pliii.  Ep.  v.  14.  Various  edicts  (edtcta,  libri, 
vel  libelli),  were  published  by  the  emperors  to  check  this 
corruption,  ibid,  also  decrees  of  the  senate,  Id.  v.  21.  but 
these  were  artfully  eluded. 

Lawyers  were  consulted,  not  only  by  private  persons,  but 
also  (in  consiliu7n\adhibebantur^  vel  assumebantur)  by  magis- 
trates and  judges,  Cic.  Top.  17.  Munsn.  13.  decin.  24.  GelL 
xiii-  13.  Plin.  Ep.  iv.  22.  vi.  11.  and  a  certain  number  of 
them  attended  every  proconsul  and  proprietor  to  his  pro- 
vince. 

Augustus  granted  the  liberty  of  answering  in  questions 
of  law  only  to  particular  persons,  and  restricted  the  judges 
not  to  deviate  from  their  opinion,  /.  2.}i  ult.  D.  de  orig.  jur. 


Laws  of  the  Romans.  203 

that  thus  he  might  bend  the  laws,  and  make  them  subservi- 
cnt  to  despotism.  His  successors,  (except  Caligula,  Suet, 
34.)  imitated  this  example;  till  Adrian  restored  to  law- 
yers their  ff)rmer  liberty,  Di^.  ibid,  which  tJiey  are  supposed 
to  have  retained  to  the  time  of  Severn s.  What  alterations 
after  that  took  place,  are  not  sufficiently  ascertained. 

Of  the  lawyers  who  flourished  under  the  emperors,  the 
mo..t  r-markable  were  M.  ANTISTIUS  LABEO,  (iii- 
corriiptie  hbertafis  vir.  Tacit.  Aimal.  iii.  75.  Gell.  xiii. 
12.)  and  C.  ATETUS  CAPITO  (cujus  obsequiwn  domi- 
nantibus  magis  probabatur.  Tacit,  ibid.)  under  Augustus  ; 
anri  these  two,  from  their  different  characters  and  opinions, 
gave  rise  to  various  sects  of  lawyers  alter  them :  CASSIUS, 
under  Claudius,  Cassian^  schola  princeps)^  Plin.  Ep.  vii. 
24,  ;  SALVIUS  JULIANUS,  under  Hadrian ;  POM- 
PONIUS,  under  Julian;  CAIUS,  under  the  Antonines; 
PAPINIANUS,  under  Severus;  ULPI  ANUS  and  PAU- 
LUS,  under  Alexander  Severus;  HERMOGENES,  un. 
der  Constantine,  &c. 

Under  the  republic,  young  men  who  intended  to  devote 
themselves  to  the  study  of  jurisprudence,  after  finishing  the 
usual  studies  of  grammar,  Grecian  literature,  and  philoso- 
phy, (Gc.  in  Brut.  80.  Off.  i.  1.  Suet,  de  clar.  Rhet.  1.  8c 
2.  studia  liberalia  v.  humanitatis,  Plutarch,  in  Lu- 
cull,  princ.)  usually  attached  themselves  to  some  eminent 
lawyer,  as  Cicero  did  to  Q.  Mucius  Sca^vola,  Cic.  deAmic 
1.  whom  they  always  attended,  that  they  might  derive  know- 
ledge from  his  experience  and  conversatioji.  For  these  il- 
lustrious men  did  not  open  schools  for  teaching  law,  as  the 
lawyers  afterwards  did  under  the  emperors,  whose  scholars 
were  called  AUDITORES,  Senec  Contr.  25. 

The  writings  of  several  of  these  lawyers  came  to  be  as 
much  respected  in  courts  of  justice  (usu  fori),  as  the  laws 
themselves,  /.  2.  ^  3$.  D.  de  orip^.  juris.  But  this  happened 
only  by  tacit  consent.  Those  laws  only  had  a  binding 
force,  which  were  solemnly  enacted  by  the  whole  Roman 
people  assembled  in  the  Comitia-  Of  these,  the  following- 
are  die  chief. 


204  ROMAN  ANTIQUITIES. 

LAWS  OF  THE  ROMANS  MADE  AT  DIFFER^ 
ENT  TIMES, 

J^EX  ACILI  A,  1.  About  transporting  colonies,  (,de  colo-^ 
mis  dediicendis)^  by  the  tribune  C.  Acilius,  A.  U.  556, 
JLiv.  xxxiii.  29. 

2.  About  extortion,  (r/<?  repetundis),  by  Manius  Acilius 
Glabrio,  a  tribune,  (some  say  consul),  A.  U.  683,  That  in 
trials  for  this  crime,  sentence  should  be  passed,  after  the 
cause  was  once  pleaded  (semei  dicta  causa)  and  that  there 
should  not  be  a  second  hearing,  (ne  reus  comperendinare- 
tur)j  Cic.  prooem.  in  Verr.  17.  i.  9.  Ascon.  in  Cic. 

Lex  ^EBUTIA,  by  the  tribune  ^i^butius,  prohibiting  the 
proposer  of  a  law  concerning  any  charge  or  power,  from  con- 
fcrring  that  charge  or  power  on  himself,  his  colleagues,  or  re- 
lations, Cic.  in  Rull.  ii.  8. 

Another  concerning  the /wc/fce^,  called  Centiimviri^  which 
is  said  to  have  diminished  the  obligation  of  the  Twelve  Ta- 
bles, and  to  have  abolished  various  customs  which  they  or- 
dained, Gell.  xvi.  10.  ix.  18- especially  that  curious  custom 
borrowed  from  the  Athenians,  {Aristoph.  in  nub.  v.  498. 
Plato,  de  legg.  xii.)  of  searching  for  stolen  goods  without  any 
clothes  on  but  a  girdle  round  the  waist,  and  a  mask  on  the 
face,  (FURTORUM  QUiESTIO  CUM  LANCE  ET 
LICIO),  Gell.  ibid.  Festus  in  Lance.  When  the  goods 
were  found,  it  wascalled  FURTUM  CONCEPTUM,///^^. 
ii.  10.  3. 

Lex  iELIA  et  FUSIA  de  eomitiis,— -two  separate  laws, 
although  sometimes  joined  by  Cicero.  The  first  by  Q.  ^- 
lius  Pcetus,  consul,  A.  U.  586,  ordained,  that  when  the  co- 
tnitia  were  held  for  passing  laws,  the  magistrates,  or  the  au- 
gurs by  their  authority,  might  take  observations  from  the 
heavens,  {de  coelo  sei'varent) ;  and,  if  the  omens  were  unfa- 
vourable, the  magistrate  might  prevent  or  dissolve  the  assem- 
bly,'(e^ome^izj  obnunciaret),  and  that  magistrates  of  equal  au- 
thority with  the  person  who  held  the  assembly,  or  a  tribune, 
might  give  their  negative  to  any  law,  (Itgi  inter cedt  rent),  Cic, 
pro  Sext.  15.  5^.  post-  red.  in  Sen-  5.  de  prov.  Cons.  19.  in 

Vatin.  9.  Pis.  4.  Att.  ii.  9. The  second,  Lex  FUSIA, 

pr  FuFiA,  by  P.  Furius,  consul  A.  U.  617,  or  by  one  Fu 


Laws  of  the  Romans.  205' 

}ius  or  Fusias,  a  tribune,  That  it  should  not  be  lawful  to 
enact  hnvs  on  all  the  ches  fasti,  Cic.  ibid,  Sec  p.  96. 

Lex  iELIA  SENTIA,  by  the  consuls  i^lius  and  Senti- 
us,  A.  U.  75G,  about  the  manumission  of  slaves,  find  the 
condition  of  those  who  were  made  free,  Suet.  Aug.  40.  Sec 
p.  44. 

Lex  iEMILIA,  oboutthe  censors.    See  p.  136. 

Lex  /EMILIA  Sumptuana  vel  Cibaria,  by  M.  /Emilius 
Lepidus,  consul,  A.  675,  limiting  the  kind  and  quantity  of 
meats  to  be  used  at  an  entertainment,  Macrob.  Sat.  ii.  13- 
Gell.  ii.  24.  Pliny  ascribes  this  law  to  Marcus  Scaurus,  viii. 
57.    So  AureL  Vict,  de  vir-  illustr.  72. 

Leges  AGRARIiE  ;  Cassia^  Licinia,  Flaminia,  Sempro- 
?iia^  Thoria,  Cornelia,  Servilia,  Flavia,  Julia,  MamUia. 

Leges  de  AMBITU  ;  Fabia^  Calpurma^  Tullia^  Aufdia, 
Licinia,  Pompeia. 

Zf-g-e-^  ANN  ALES  vel  .//;7Wfln>.  Seep.  113. 

Lex  ANTIA  Sumptuana,  by  AntiusRcstio,  the  year  un- 
certain ;  limiting  the  expence  of  entertainments,  and  ordain- 
ing that  no  actual  magistrate,  or  magistrate  elect,  should  go 
any  where  to  sup  but  with  particular  persons,  Gell.  ii.  24. 
Antius  seeing  his  wholesome  regulations  insufficient  to  check 
the  luxury  of  the  times,  never  after  supped  abroad,  that  he 
might  not  witness  the  violation  of  his  own  law,  Macrob.  ii. 
13. 

Leges  ANTONIiE,  proposed  by  Antony  after  the  death 
of  Cassar,  about  abolishing  the  office  of  dictator,  confirming 
the  acts  of  Caesar,(AcTA  Caesar  is),  planting  colonies,  giv- 
ing away  kingdoms  and  provinces,  granting  leagues  and  im- 
munities, admitting  officers  in  the  army  among  jurymen  ; 
allowing  thoSe  condemned  for  violence  and  crinies  against 
the  state  to  appeal  to  the  people,  which  Cicero  calls  the  des- 
truction of  ail  laws,  &c.  Cic.  Pldl.  \.  1.  9.  ii.  3,  36,  37,  38, 
V.  34.  xiii.  3,  5.  Att.  xiv.  12.  Die.  Cass.  xiv.  28.  Appian.  de 
bell.  civ.  iii.  transferring  the  right  of  choosing  priests  from 
the  people  to  the  different  colleges,  Dio.  xliv.  fin.  &c. 

Leges  APPULEI^,  proposed  by  L.  Appuleius  Saturni- 

nus,  A.  653,  tribune  of  the  commons  ;   iibou-  dividing  the 

public  lands  among  the  veteran  soldieis,  AureL  Vict,  de  vir. 

illustr.  73.  settUng  colonies,  Cic.  pra  Balb.  21.  punishing 

\ 


206  ROMAN  ANTIQUITIES. 

crimes  against  the  state,  {de  fjiajestate),  Cic.  de  orat.  ii.  25, 
49.  furnishing  corn  to  the  poor  people,  at  tt  of  an  aw,  a  bushel, 
(semisse  et  trientey  i.  e-  dextante  vel  decunce  :  See  Leges 
Sempronice)^,  Cic-  ad  Herenn-  i«  12.  de  Legg.  ii.  6. 

Saturninus  also  gota  law  passed,  that  all  the  senators  should 
be  obliged,  within  five  days,  to  approve  upon  oath  of  what 
the  people  enacted,  under  the  penalty  of  a  heavy  fine  ;  and 
the  virtuous  Metellus  Numidicus  was  banished,  because  he 
alone  would  not  comply,  (quod  in  legem  vi  latamjurare  nol- 
let),  Cic.  pro  Sext.  16.  Dom.  31.  Cluent.  35.  Victor  de  Vir. 
illust.  62.  But  Saturninus  himself  was  soon  after  slain  for 
passing  these  laws  by  the  command  of  iVIarius,  who  had  at 
first  encouraged  him  to  propose  them,  Cic.  pro  Rabir.  perd, 
7.  11.  and  who  by  his  artifice  had  effected  the  banishment 
of  iVfeteilus,  Plutarch,  in  Mar,  Appian.  de  Bell.  Ctv.  i.  367. 

X(?x  AQUILI  A,  A.  U.  672,  about  hurt  wrongfully  done, 
(rfe  damno  injwia  data)  Cic  in  Bruto,  34.  Another  A.  U. 
687,  {de  dolomalo),  Cic.  de  Nat.  Deor.  iii.  30.  Off.  iii.  14. 

Lex  ATERIA  TARPEIA,  A.  U.  300,  that  all  magis- 
trates  might  fine  those  who  violated  their  authority,  but  not 
above  two  oxen  and  thirty  sheep,  Dionys.  x.  50.  After  the 
Romans  began  to  vise  coined  money,  an  ox  was  estimated  at 
100  asses.,  and  a  sheep  at  ten,  Festus  in  peculatus. 

Lex  ATI  A,  by  a  tribune,  A.  U.  690,  repealing  the  Cor- 
nelian law,  and  restoring  the  Domitian,  in  the  election  of 
priests,  Dio.  xxxvii.  37. 

Lex  ATILIA  de  dedititiis  A.  U.  543,  Liv.  xxvi.  53. 
Another  de  tutoribus.,  A.  U.  443,  That  guardians  should  be 
appointed  for  orphans  and  women,  by  the  przetor  and  a  ma- 
jority of  the  tribunes,  £//j5?an.  m  Fragm.  Liv.  xxxix.  9, 
See  p.  67. 

Another,  A.  U.  443,  That  sixteen  military  tribunes 

should  be  created  by  the  people  for  four  legions ;  that  is,  two 
thirds  of  the  whole.  For  in  four  legions,  the  number  which 
then  used  annually  to  be  raised,  there  were  twenty-four  tri- 
bunes, six  in  each  :  of  whom  by  this  law  four  were  appoint- 
ed by  the  people,  and  two  by  the  consuls.  Those  chosen  by 
the  people  were  called  COMITIATI ;  by  the  consuls,  RU- 
TILI  or  RUFULI.  At  first  they  seem  to  have  been  all  no- 
■minated  by  the  kings,  consuls,  or  dictators,  till  tlie  year  393., 


Laws  of  the  Romans.  207 

when  the  people  assumed  the  right  of  annually  appointing 
six,  Liv.  vii.  5.  ix.  30.  Ascon.  in  Cic.  At'tenvards  the  man- 
ner of  choosing  them  varied.  Sometimes  the  pe(>ple  created 
the  whole,  sometimes  only  a  p:irt.  But  as  diey,  through  in- 
terest, often  appointed  improper  persons,  the  choice  was 
sometimes  left,  especiiilly  in  dangerous  juiictures,  entirely 
to  the  consuls,  Liv.  xlii.  31.  xHii.  12.  xliv.  21. 

Lex  ATINIA,  A.U.  623,  about  m-iking  the  tribimes  of 
the  commons  senators,  Gc//,  xiv.  8.  Another,  That  the  pro- 
perty of  things  stolen  could  not  be  acquired  by  possession, 
lusucapione) :  The  words  of  the  law  were.  Quod  surrep- 

TUM   ERIT,  EJUS  iRTERNA   AUCTORITAS    ESTO.      (ScCp. 

59.  Gel/,  xvii.  7.  Czc.  in  Ferr.  i.  42. 

Lex  AUFJDIA  dpAmbitu,  A.  U.  692.  It  contained  this 
singular  clause,  That  if  a  candidate  promised  money  to  a 
tribe,  and  did  not  pay  it,  he  should  be  excused  ;  but  if  he 
did  pay  it,  he  should  be  obliged  to  pay  to  every  tribe  a  yearly 
fine  of  3000  sestertii  as  long  as  he  lived.  Cic.  Att,  \.  16. 

XfX  AURELIAjw^icarza,  by  L.  Aurelius  Cotta,  praetor, 
A.  U.  683,  Th'-itjudices  or  jurymen  should  be  chosen  from 
the  senators,  EquiteSy  and  Trihimi  jJLrarii. — The  last  were 
officers  chosen  from  the  plebeians,  who  kept  and  gave  out 
the  money  for  defraying  the  expences  of  the  army,  Ascon. 
in  Cic, — Cic.  pro  Plane.  8.  Att.  i.  16.  Festus. 

Another,  by  C.  Aurelius  Cotta,  consul,  A.  U.  678,  That 
those  who  had  been  tribimes  might  enjoy  their  offices,  which 
had  been  prohibited  by  Sulla,  Ascon.  in  Cic. 

Lex  B/EBIA,  A.  U.  574,  about  the  number  of  praetors. 
(See  p- 134.) — Another  against  bribery,  A.  U.  571,  Liv,  xl. 
19. 

ZexCiECILIA  DIDIA,or  et  Didia, or Didia  et  Cecilia, 
A.  U.  655,  That  laws  should  be  promulgated  for  three  mar- 
ket-days,  and  that  several  distinct  things  should  not  be  in- 
cluded in  the  same  law,  which  was  caWed/erre per  saturam, 
Cic.  Att.  ii.  9.  Phil.  v.  3.  pro  Dom.  20. 

Another  against  bribery,  Cic.  pro  Suit.  22,  23. 

Another,  A.  U.  693,  about  exempting  the  city  and 

Italy  from  taxes,  Dio.  xxxvii.  51. 

Lex  CALPURNIA,  A.  U.  604,  against  extortion,  by 
which  law  the  first  qiicestio  p^rpetiia  wa*?  established.  Cic. 
Ferr.  iv.  25.  Off.  ii.  21. 


208  ROMAN  ANTIQUITIES. 

— —  Another,  called  also  Acilia^  concerjiing  bribery,  Al 
686,  Cic.  pro  Mur.  23.  BruV  27.  Sail  Cat.  18- 

Lex  CANULEIA,  by  a  tribune,  A.  309,  about  the  in- 
termarriage of  the  patricians  with  the  plebeians,  Liv.  iv.  6. 

Lex  CASSIA,  That  those  whom  the  people  condemned 
should  be  excluded  from  the  senate, i/^^row.  m  Cic.  pro  Ctrn» 
Another  about  supplying  the  senate,  Tacit,  xi.  25.  Another, 
That  the  people  should  vote  by  ballot,  &c.  See  p.  99. 

Lex  CASSIA  TERENTIA  Friimentana,  by  the  Con= 
suls  C.  Cassius  and  M.  Terentius,  A.  680,  ordaining,  as  it 
is  thought,  that  five  bushels  of  corn  should  be  given  monthly 
to  each  of  the  poorer  citizens,  which  was  not  more  than  the 
allowance  of  slaves,  Sallust.hist.fragm.{p.  974.  ed.  Cortii), 
and  that  money  should  be  annually  advanced  from  the  trea- 
sury for  purchasing  800,000  bushels  of  wheat,  (Triticiim- 
PERATij,  at  four  sestertii  a  bushel ;  and  a  second  tenth  p^rt 
(aiterasdecumas),  (see  p.  76.)  at  three  sestertii  a  bushel  (.pro 
DEcuMANo),  Cic.  Ferr.  iii.  70- 

This  corn  was  given  to  the  poor  people,  by  the  Semproni- 
an  law,  at  a  semis  and  triens  a  bushel ;  and  by  the  Clodian 
law,  gratis.  In  the  time  of  Augustus,  we  read  that  200,000 
received  corn  from  the  public,  Die.  Iv.  10.  Suet.  Au°:.  40. 
42.  Julius  Ccesar  reduced  them  from  320,000  to  150,000, 
Suet.  Jul.  41. 

Lex  CENTURIATA,  thenameof  every  ordinance  made 
by  the  Comitia  Centuriata^  Cic.  in  Ruil.  ii.  11. 

Lex  CINCIA  de  donis  et  mwieribus^  hence  called  MU- 
NERALIS,  Plaiit.  apud Festum.,  by  Cincius  a  tribune,  A» 
549,  That  no  one  should  take  money  or  a  present  for  plead- 
ing a  cause,  Cic.  de  Seriect.  4.  de  Qrat.  ii.  7.  Att.  i.  20.  la^ 
cit.  Ann.  xi.  5.  Liv.  xxxiv.  4. 

Lex  CLAUDIA  de  7iavibus^  A.  5o5^  That  a  senator 
should  not  have  a  vessel  above  a  certain  burden,  (see  p.  6.) 
A  clause  is  supposed  to  have  been  added  to  this  law,  prohi- 
biting the  qucestor's  clerks  from  trading,  Suet.  Dom.  9. 

Another  by  Claudius  the  consul,  at  the  request  ct  the  al- 
lies, A.  573,  That  the  alhes,  and  those  of  tiie  Latin  name, 
should  leave  Rome,  and  return  to  tlieir  own  cities.  Accord- 
ing to  this  law  the  consul  made  an  edict ;  v.nC\  a  decree  of  the 
.senate  was  added.  That  for  the  future  no  person  should  bs 


L  A  U  ..    .y     the  Ro  M  A  -\  o  .  J^Of' 

manumitted,  unless  both  master  and  slave  swore,  thnt  he  was 
not  manumitted  for  the  sake  of  changing  his  city.  For  the 
allies  used  to  give  their  children  as  slaves  to  any  Roman  citi- 
zen on  condition  of  their  being  manumitted,  iut  Hbertird 
cives  essent)  Liv.  xli.  8,  Sc  9.  Cic.  pro  Balb.  23. 

by  the  Emperor  Claudius,  That  usurers  should  not 

lend  money  to  minors,  to  be  paid  after  the  death  of  their  pa- 
rents, Tacit.  Ann.  xi.  13-  supposed  to  be  the  same  with  what, 
was  called  §enatus-consultum  Macedonianum,  Ul- 
plan,  enforced  by  Vespasian,  Suet,  11.    To  this  crime  Ho- 
race alludes,  Sat.  i.  2.  v.  14- 

by  the  consul  Marcellus,  703,  That  no  one  should 

be  allowed  to  stand  candidate  for  an  office  while  absent ; 
thus,  taking  from  Cresar  the  privilege  granted  him  by  the 
Pompeian  law  ;  {Ccesari privilegium  eripiens  vel  benefia- 
um  populi  adimens) ;  also,  That  the  freedom  of  the  city 
should  be  taken  from  the  colony  of  Novumcomum,  which 
Ctesar  had  planted,  Suet.  Jul.  28.  Cic.  Fam.  xiii.  "^S. 
Leges  CLODIi^,  by  the  tribune  P.  Clodius,  A.  695. 

1 .  That  the  corn  which  had  been  distributed  to  the 

people  for  six  asses  and  a  triens  the  bushel,  should  be  given 
gratis,  Cic.  pro  Sext.  25.  Ascon.  in  Cic.  See.  p.  208. 

2.  That  the  censors  should  not  expel  from  the  se- 
nate, or  inflict  any  mark  of  infamy,  on  any  man  who  was  not 
first  openly  accused  and  condemned  by  their  joint  sentence, 
Cic.  ibid. — in  Pis.  5.  Dio.  xxxviii.  13. 

3.  That  no  one  should  take  the  auspices,  or  observe 

the  heavens,  when  the  people  were  assembled  on  public  bu- 
siness ;  and,  in  short,  that  the  iElian  and  Fusian  laws  should 
be  abrogated.  (See  p.  96.)  Cic,  Vat.  6.  7.  9.  Sext.  15.  26. 
Prov.  Cons.  19.  Ascon.  in  Pis.  4. 

4.  That  the  old  companies  or  fraternities  {.collegia} 

of  artificers  in  the  city,  which  the  senate  had  abolished^ 
should  be  restored,  and  new  ones  instituted,  Cic.  in  Pis.  4. 
Suet.  Jul.  42. 

These  laws  were  intended  to  pave  the  vf«y  for  the  follow- 
ing : 

5.  That  whoever  had  taken  the  life  of  a  citizen  un- 

condemned,  and  without  a  trial,  should  be  prohibited  from 
fire  and  \vater  ;  by  which  law,  Cicero,  although  not  named, 

F  f 


/: 


^XlO  ROMAN  ANTIQUITIES. 

Was  plainly  pointed  at ;  Fdl.  ii.  45.  and  soon  after,  by  means 
of  a  hired  mob,  hi.-^  banishment  w  us  expressly  decreed  by  a 
second  law,  Cic.  pro  ^Dom.  18,  19,  20.  po&t.  red.  in  sen.  2. 

Cicero  had  engaged Ninius  a  tribune  to  oppose  these  laws, 
but  was  prevented  from  using  his  assistance,  by  the  artful 
conduct  of  Clodius,/)zo.xxxviii.l5.  and  Pompey,  on  whose 
protc  ction  he  had  reason  to  rely,  betrayed  Hivii^ibid.  17.  Plu- 
tarch.—~Cic.  Att.  X.  4.  Csesar,  who  was  then  without  the 
w.iiis  with  his  army,  ready  to  set  out  for  his  province  of 
Gaul,  C'fFcred  to  irAake  him  one  of  his  lieutenants  ;  but  this, 
by  ihe  advice  of  Podipey,  he  declined,  Z)io.  xxxviii.  15. 
Crassus,  although  secretly  inimical  to  Cicero,  ibid,  yet  at 
the  persuasion  of  his  son,  who  was  a  great  admirer  of  Cice- 
ro, Cw.  Q.Jr.  ii.  9.  did  not  openly  oppose  him,  Cic.  Sext. 
17,  18.  But  Clcdius  declared  that  what  he  did  was  by  the 
authorit3/'ofthe  Triumviri,  Cic.  Sext.  16.  18. ;  and  the  in- 
terposition of  the  senate  and  Equites,  who,  to  the  number 
of  20,000,  changed  their  habit  on  Cicero^s  account,  Cic. 
post  red.  ad  Quirit.  3.  was  rendered  abortive  by  means  of 
the  consuls  Piso,  the  father-in-law  of  Caesar,  and  Gabinius, 
the  creature  of  Pompey,  Cic.  Sext.  11,  12, 13,  &c.  Cicero 
therefore,  after  several  mean  compliances,  putting  on  the  ha- 
bit of  a  criminal,  Dio.  xxxviii.  14.  and  even  throwing  him- 
self at  the  feet  of  Pompey,  Cic.  Att.  x.  4.  was  at  last  obliged 
to  leave  the  city,  about  the  end  of  March,  A.  U.  695.  He 
v/as  prohibited  from  coming  within  468  miles  of  Rome,  un- 
der pain  of  death  to  himself,  and  to  any  peisl$|e[|tt^o  enter- 
tained him,  Cic.  Att.  iii.  4.  Dio.  xxxviii.  l7.  He  tlierefore 
retired  to  Thessalonica  in  Macedonia,  Cic.  Plane-  41.  Jled. 
in  Senat.  14.  His  houses  at  Rome  and  in  the  coimtry  were 
burnt,  and  his  furniture  plundered,  ibid.  7.  pro  Dom.  24. 
Cicero  did  not  support  his  exile  with  fortitude  ;  but  shewed 
marks  of  dejection,  and  uttered  expressions  of  grief,  unwor- 
thy of  his  former  character,  P>\o.  xxxviii.  18.  Cic.  Att.  iii. 
7,  8,  9,  10,  11,  13,  15,  19,  &c.  He  was  restored  with  great 
honour,  through  the  influence  of  Pompey,  by  a  very  unani- 
mous decree  of  the  senate,  and  by  a  law  passed  at  the  Comitia 
Centuriata,  4th  August  the  next  j'ear,  Cic.  Att,  iv.  1.  post 
red.  ad  Qiiir,  7.  in  Senat.  11.  MU.  20.  Pis*  15.  Dio.  xxxix^- 


Laws  of  the  Romans-  211 

8.  Had  Cicero  displayed  as  much  dignity  and  independence, 
after  he  had  reach«.'d  the  summit  of  his  ambition,  as  he  did 
industry  and  intcgriry  in  aspiring  to  it,  he  needed  not  to  have 
owed  his  safety  to  any  one. 

6.  That  the  kingdom  of  Cyprus  should  be  taken 

froni  Ptoleaiy,  and  reduced  into  X\y:.  form  of  a  province, 
Cic.  pro  Dom.  8.  Veil.  ii.  45.  the  reason  of  which  law  was 
to  punish  that  king  for  hiving  refused  Clodius  money  to  pay 
hih  ransom,  when  taken  bv  the  pirates,  and  to  remove  Ca- 
to  out  of  the  way,  by  appointing  hi\n  to  execute  this  order 
of  the  people,  that  he  might  not  thwart  the  unjust  proceed- 
ings of  the  tribune,  nor  the  vicvs  of  rhr'  frir/mviri,  by  whom 
Clodius  was  supported,  C?c.  pro  Sext.  18.  28.  Dom.  25. 
Dio.  xxxviii.  30.  xxxix.  22. 

7.  To  reward  the  consuls  Piso  and  Gabinius,  who 

had  fnvoured  Clodius  in  his  measures,  the  province  of 
Macedonia  and  Greece  was  by  the  people  given  to  the  for- 
mer, and  Syria  to  the  latter,  Cic.  ibid.  10.  24.  in  Pis.  1^. 

8.  Another  law  was  made  by  Clodius,  to  give  relief 

to  the  private  members  of  corporate  to. vns,(mumcipmrum)y 
against  the  public  injuries  of  their  communities,  Cic.  *pro 
Dom.  30. 

9.  Another,  to  deprive  the  priest  of  Cybele,  at  Fes- 
sinus  m  Phrygiaof  his  office,  Cic-  Sext.  26.  de  resp.  Ha- 
rusp-  13. 

Dtx  COELIA  tabellaria  perdue llionis^  by  Cceiius,  a  tri- 
bune. Svz-c  p.  99. 

Leges  CORNELLS,  enacted  by  L.  Cornelius  Sylla,  the 
dictator,  A.  672- 

1.  De  proscriptione  et  proscriptis^  against  his  ene- 
mies, and  in  favour  of  his  i'riends.  Sylla  first  introduced  ihc 
method  of  proscription-  Upon  his  return  into  the  city,  af- 
ter having  conquered  the  pirty  of  Marius,  he  wrote  down 
the  names  of  those  whom  he  doomed  to  die,  and  ordered 
them  to  be  fixed  up  on  tables  in  the  public  places  of  the  city, 
witli  the  promise  of  a  certain  reward  Cduo  talenta)  for  the 
head  of  each  person  so  proscribed.  New  li^ts  {.tabuUe  pro- 
scrip tionis)  were  repeatedly  exposed,  as  new  victims  occur- 
red to  his  memory,  or  were  suggested  to  ium.  The  first  list 
contained  the  names  of  40  senators  and  1600  equites,  Appi- 


ni^  KOMAN  ANTIQjaiTlES. 

an.  B.  Civ.  i.  409.  Incredible  numbers  were  massacred,  hot 
only  at  Rome,  but  through  all  Italy,  Bio.  Fragm.  137. 
Whoever  harboured  or  assisted  a  proscribed  person,  was 
put  to  death,  Cic.  in  Verr.  i.  47.  The  goods  of  the  proscrib- 
ed were  confiscated,  Cic.  pro  Rose.  A?ner,  43,  44.  z«  RulL 
iii.  3.  and  their  children  declared  incapable  of  honours,  VelL 
Pat.  ii.  28.  Cic.  in  Pis.  2.  The  lands  and  fortunes  of  the 
slain  were  divided  among  the  friends  of  Sylla,  Sallust.  Cat. 
51.  who  were  allowed  to  enjoy  preferments  before  the  legal 
time,  Cic.  Acad-  ii.  1- 

De  MuNiciPiis,  That  the  free  towns  which  had 

joined  Marius,  should  be  deprived  of  their  lands,  and  the 
right  of  citizens  ;  the  last  of  which  Cicero  says  could  not 
be  done,  (  Q_ma  jure  Romano  civiias  nemini  invito  adi?ni  po- 
terat),  pro  Dom.  30-  Caecin.  33- 

Sylla  being  created  dictator  with  extraordinary  powers  by 
L.  Valerius  Flaccus,  the  Interrex^  in  an  assembly  of  the 
people  by  centuries,  Appian.  B.  civ.  i-  411-  and  having  there 
got  ratified  whatever  he  had  done  or  should  do,  by  a  special 
law,  (jsive  Valeria,  jzz;<? Cornelia,  Cic-  pro  Rose.  Am* 
43-yCic-  in  Rail-  iii.  2.  next  proceeded  to  regulate  the  state, 
and  for  that  purpose  made  many  good  laws. 

■  2.  Concerning  the  republic,  the  magistrates,  (see  p. 

114.)  the  provinces,  (see  p.  174.)  the  power  of  the  tribunes, 
(see  p.  149.)  That  the  judices  should  be  chosen  only  from 
among  the  senators :  That  the  priests  should  be  elected  by 
their  respective  colleges,  Ascon.  ad  Cic.  Divin.  in  Verr.  3. 

— — 3.  Concerning  various  crimes;  de  Majestate, 
Cic.  in  Pis.  21.  pro  Cluent.  35.  adFam.  iii.  11-  (seep.  174.) 
— f/e  Repetundis,  Cic'  pro  Rabir-3.  (see  p.  134.) — de 
Sicariis  et  Veneficis,  those  who  killed  a  person  with 
weapons  or  poison  ;  also,  who  took  away  the  life  of  another 
by  false  accusation,  &c. — One  accused  by  this  law,  was  asked 
whether  he  chose  sentence  to  be  passed  on  him  by  voice  or 
by  ballot?  ipalam  an  clam?)  Cic.  pro  Cluent.  20.  — de  In- 
cENDiARiis,  who  fired  houscs  ; — de  Parricidis,  who 
killed  a  parent  or  relation  ; — de  Falso,  against  those  who 
forged  testaments  or  any  other  deed,  who  debased  or  coun- 
terfeited the  public  coin,  {qui  in  aurum  vitii  quid  addiderint 
•el  adulterines  niimmosfecerint)^  &c-  Hence  this  law  is  call 


Laws  of  the  Romaics'  213 

ed  by  Cicero,CoRNELi  A  Testament  ARIA,  nummaria, 
in  Vtrr.  i-  42- 

The  punishment  annexed  to  these  laws  was  generally 
aqua  et  ignis  interdictto,  banishment- 

Sylla  also  made  a  sumptuary  law,  limiting  the  expence  of 
entertainments,  Ge//-  ii-  24.  Afacrob.  Sat.  ii-  13- 

There  were  other /f'^c^  CORNELl/E,  proposed  by  Cor- 
nelius the  tribune,  A.  U.  686.  That  the  pr3etors  in  judging 
should  not  vary  from  their  edicts.  (Sec  p.  130.)  That  the 
senate  should  not  decree  about  absolving  any  one  from  the 
obligation  of  the  laws,  without  a  quorum  of  at  least  two 
hundred,  Ascon.  in  Cic.  pro  Cornel. 

Lex  CURIA,  by  Curius  Dentatus  when  tribune,  A.  U 
454,  That  the  senate  should  authorize  the  comitia  for  elect- 
ing plepeian  magistrates,  Aur.  Vict.  37.  Cic.  de  clar-  Orat. 
14. 

Leges  CURIATjE,  made  by  the  people  assembled  by 
curice.  See  p.  84. 

X(?xDECIA,  A.  U.  442,  T\\2i\. Duumviri navalesshoxilA. 
be  created  for  equipping  and  refitting  a  fleet,  Liv.  ix.  30. 

'Lex  T>lDlAsjimptuaria,  A.  U.  610,  limiting  the  expence 
ofentertainments  and  the  number  of  guests  :  That  the  sump- 
tuary laws  should  be  extended  to  all  the  Italians  ;  and  not 
only  the  master  of  the  feast,  but  also  the  guests,  should  in- 
cur a  penalty  for  their  oifence,  Macrob.  Sat.  ii.  13. 

Lex  DOMITIA  de  sacerdotiis,  the  author  Cn.  Domitius 
Ahenobarbus,  a  tribune,  A-  U-  650-  That  priests,  (i-  e.  the 
pontijices^  augures^  and  decemviri  sacris  faciendis)^  should 
not  be  chosen  by  the  colleges,  as  formerly,  but  by  the  people, 
(see  p-  106)  Suet-  Ner-  2-  Cic-  Rull  ii-  7-  The  Fontifex 
Maximus  and  Curio  Maximus  were,  in  the  first  ages  of  the 
republic,  always  chosen  by  the  people,  Liv-  xxv-  5-  xxvii.  8. 

Lex  DUILIA,  by  Duilius  a  tribune,  A-  304,  That  who., 
ever  left  the  people  without  tribunes,  or  created  a  magistrate 
from  whom  there  was  no  appeal,  should  be  scourged  and 
beheaded,  Liv-  iii-  35- 

Lex  DUILIA  MtENIA  de  unciariofoenore,  A  396,  fix- 
ing  the  interest  of  money  at  one  per  cent.  Liv.  vii-  16 — A- 
nother,  making  it  capital  for  one  to  call  assemblies  of  the 
people  at  a  distance  from  the  cAiy,  ibid- 


214  ROiMAN  ANTIQUITIES). 

Lex  FABIA  de  plagio  vel  plagiariis,  against  kidnapping, 
er  stealing  away  and  retaining  freemen  or  slaves,  Cic-  pro 
Rabir-  perd,  3.  ad  Quinct-  Fr-  i-  2-  The  punishment  at  first 
was  a  fine,  but  afterwards  to  be  sent  to  the  mines ;  and  for 
buj'ing  or  selling  a  free-born  citizen,  death. 

Literary  thieves,  or  those  who  stole  the  works  of  others, 
were  also  called  Plagiarii,  Martial,  i.  53- 

Another,  limiting  the  number  oi  Sectatores  that  at- 
tended candidates,  when  canvassing  for  any  office.  It  was 
proposed,  but  did  not  pass,  Cic.pro  Muran.  34. 

The Sectatores,  who  always  attended  candidates,  were 
distinguished  from  the  Salutatores,  who  only  waited  on 
them  at  their  houses  in  the  morning,  and  then  went  away ; 
and  from  the  Deductores,  who  also  went  down  with  them 
to  the  Forum  and  Campus  M;irtius  ;  hence  called  by  Mar- 
tial, Antambulones,  ii.  18.  Cic  de  pet.  cons.   See  p.  92. 

Lex  FALCIDIA  testamentaria,  A.  713,  That  the  testa- 
tor should  leave  at  least  the  fourth  part  of  his  fortune  to  the 
person  whom  he  named  his  heir,  Paul,  ad  leg-  Falcid. — 
Dio.  xlviii.  33. 

Lex  FANNIA,  A.  588,  limiting  theexpences  of  one  day 
at  festivals  to  100  asses^  whence  the  law  is  called  by  Lucili- 
us,  Ce N Tus SI s  ;  on  ten  other  days  every  month,  to  thirty ; 
and  on  all  other  days,  to  ten  asses :  also,  that  no  other  fowl 
should  be  served  up,  {ne  qiddvolucrium  \e\volucre  ponere- 
tur)^  except  one  hen,  and  that  not  fattened  for  the  purpose, 
(qua  von  altilis  esset),  Gell.  ii.  24-  Macrob.  Sat.  ii.  13.  (quod 
deinde  caput  translatum^  per  omnes  leges  ambulavit^)  Plin. 
X.  50.  s.  71. 

i  Lex  FL  AMINIA,  A.  521.  about  dividing  among  the  sol- 
diers the  lands  of  Picenum,  whence  the  Galli  Senones  had 
been  expelled  ;  vvhich  afterwards  gave  occasion  to  various 
wars,  Polyh.  ii.  21.  Cic.  Sen.  4. 

Lex  FL  AVI  A  agraria,  the  author  L.  Flavins,  a  tribune, 
A.  695,  for  the  distribution  of  lands  among  Pompey's  sol- 
diers  ;  which  excited  so  great  commotions,  that  the  tribune, 
supported  by  Pompey,  had  the  hardihood  to  commit  the  con- 
sul Metellus  to  prison  for  opposing  it,  Dio.  Cass,  xxxvii. 
50.  Cic.Att.  i.  18,  19.  ii.  1. 

Leges  FRUMENTARIiE,  laws  for  the  distribution  of 


La^vs  of  the  Romans.  215 

corn  among  the  people,  first  at  a  Ion  price,  and  then  gratis  ; 
the  chief  oi'  which  were  the  Sempronian,  Apuleiaii,  Casbian, 
Clodian,  and  Octavian  laws. 

Ltx  FUFIA.  A.  692,  That  Clodius  should  be  tried  for 
violating  the  sacred  rites  of  the  Bona  Dm,  by  the  praetor, 
with  a  select  bench  of  judges  ;  and  not  before  the  people, 
according  to  the  decree  of  the  senate,  Cic.  ad  Att.  i.  13,  14, 
16.  Thus  by  bribery  he  procured  his  acquittal,  Dio.  xxxvii. 
46. 

Lex  FULVIA,  A.  628,  about  giving  the  freedom  of  the 
city  to  the  Italian  allies  ;  but  it  did  not  pass,  Appian*  de  BelL 
Civ.  I.  371.  Fa  I.  Max,  ix.  5. 

Lex  FURIA,  by  Camillus  the  dictator,  A.  385,  about  the 
creation  of  the  curule  aediles,  Liv.  vi.  42. 

Lex  FURIA  \t\  Ficsia,  (for  both  are  the  same  name, 
Liv.  iii.  4.  Quinctilian.  i.  4.  13.)  de  testamentis^  That  no  one 
should  leave  by  way  of  legacy  more  than  1000  assesy  and 
that  he  who  took  more  should  pay  fourfold,  Cic-  in  Ferr-  i. 
42.  pro  Bulb.  8.  Theophd-  adinstit-  ii.  22-  By  the  law  of  the 
Twelve  Tables,  one  might  leave  what  legacies  he  pleased. 

Lex  FURIA  ATILIA,  A.  617,  about  giving  up  Man- 
cinustothe  Numantines,  with  whom  he  had  made  peace 
without  the  order  of  the  people  or  senate,  Cic,  Off.  iii.  30. 

Lex  FUSIA  de  comttiis^  A.  694,  by  a  praetor,  That  in  the 
Covntia  Tribiita  the  different  kinds  of  people  in  each  tribe, 
should  vote  separatel}',  that  thus  the  sentiments  of  every 
rank  mi^ht  be  known,  Dw.  xxxviii.  8. 

Lex  FUSIA  vel  Furia  CANINIA,  A.  751,  limiting  the 
number  of  slaves  to  be  manumitted,  in  proportion  to  the 
whole  number  Vv^hich  any  one  possessed  ;  from  two  to  ten, 
the  half ;  from  ten  to  thirty,  the  third ;  from  thirty  to  a  hun- 
dred, the  fourth  part;  but  not  above  a  hundred,  whatever  was 
the  number,  Fopisc.  Tacit'  11.  Paid.  Sent.  iv.  15.  See  p.  45, 

Leges  GABINl^,  by  A.  Gabinius  a  tribune,  A.  685, 
That  Pompey  should  get  the  command  of  the  war  against 
the  pirates,  with  extraordinary  powers,  {cum  impeno  ex~ 
traordinario ) y  Cic.  pro  leg.  Manil.  17.  Dio.  xxxvi.  7.  That 
the  senate  should  attend  to  the  hearing  of  embassies  the 
whole  month  of  February,  Cic-  ad  Qjiinct.  Fr.  ii.  2.  13. 
That  the  people  should  gi>'e  their  votes  by  ballots,  and  not; 


^16  ROMAN  ANTIQUITIES.  l^^M 

mva  voce  as  formerly,  in  creating  magistrates.  (See  p-  100-) 
That  the  people  of  the  provinces  should  not  be  allowed  to 
borrow  money  at  Rome  from  one  person  to  pay  another, 
(versuramfacere),  Cic.  Att.  v.  21.  vi.  2. 

There  is  another  Gabinian  law,  mentioned  by  Porcius 
Latro  in  his  declamation  against  Catiline,  which  made  it 
capital  to  hold  clandestine  assemblies  in  the  city,  c.  19.  But 
this  author  is  thought  to  be  supposititious*  See  Cortius  on 
Sallust 

It  is  certain,  however,  that  the  Romans  were  always  care- 
ful to  prevent  the  meetings  of  any  large  bodies  of  men,  {he- 
t^ria),  which  they  thought  might  be  converted  to  the  pur- 
poses of  sedition,  P/i'/i.  Ep.  X.  43.  94-  On  this  account,  Pli- 
ny informs  Trajan,  that  according  to  his  directions  he  had 
prohibited  the  assemblies  of  christians,  Id-  97  76. 

Lex  GELLIA  CORNELIA,  A-  681,  confirming  the 
right  of  citizens  to  those  to  whom  Pompey,  with  the  advice 
of  his  council,  (de  consilii  sententia),  had  granted  it,  Cic- pro 
Balb.  8.  14. 

Ley  GENUCIAjA.  411,  That  both  consuls  might  be 
chosen  from  the  plebeians,  Liv-  vii.  42  ;  that  usury  should 
be  prohibited ;  that  no  one  should  enjoy  the  same  office  with- 
in ten  years,  nor  be  invested  With  two  offices  in  one  year, 
ibid. 

Lex  GENUCIA  iEMILIA,  A.  390,  about  fixing  a  nail 
in  the  right  side  of  the  temple  of  Jupiter,  Liv,  vii.  3. 

Lex  GL  AUCIA,  A-  &53^  granting  the  right  of  judging  to 
the  Equites^  Cic-  de  clar-  Orator.  62 — De  repetundis.    See 
Lex  ServiliA' 
Lex  GLICIA,  de  inofficioso  testamento-    See  p.  64. 
Lex  HIERONICiV,  vel  frumentaria^  Cic-  Verr-  ii-  13 
containing  the  conditions  on  which  the  public  lands  of  the 
Roman  people  in  Sicily  were  possessed  by  the  husbandmen- 
It  had  been  prescribed  by  Hiero,  tyrant  of  Syracuse,  to  his 
tenajits,  {iis  qui  agros  regis  colerent)^  and  was  retained  by 
the  Praetor  Rupilius,  with  the  advice  of  his  council,  among 
the  laws  \vhich  he  gave  to  the  Sicilians,  when  that  country 
was  reduced  into  the  fiirm  of  a  province,   Cic.  Verr.  iii.  8. 
10.  Itresembled  the  regulation  of  the  censors,  (Leges  Cen- 
sor i-*^,)  in  their  leases  and  bargains,  {in  locationibus  et  pac^ 


Lav/3  of  the  Romans.  217 

tionibuij^  and  settled  tlie  manner  of  collecting  and  ascertain', 
ing  tlic  quantity  of  the  tithes. 

Lex  HIRTI  A,  A.  704-  That  the  adherents  of  Pompey 
(Pompeiani)  should  be  excluded  from  preferments,  Cic, 
Phil.  xiii.  16. 

Lex  HORATIA,  about  rewarding  Caia  Tarratia,  a  ves- 
tal virgin,  because  she  had  presented  tlie  Roman  people  with 
the  Campus  Tibiirtinus^  ov  Murtius;  that  she  should  be  ad» 
mitted  to  give  evidence  {testabilis  esset),  be  discharged  from 
her  priesthood  (exaugurari  posset^)  and  might  marry  if  she 
chose,  Ge/L  vi°  7. 

Leot:  HORTENSI  A,  That  the  mindincv^  or  market-days, 
which  used  to  be  held  •A'sferice  or  holidays,  should  btfastce 
or  court  days  ;  that  the  country  people,  who  came  to  town 
for  market,  might  then  get  their  law-suits  determined,  Qites 
vomponerent),  Macrob.  Sat.  i.  16. 

Xex  HORTENSI  A,  t/d?p/«?6w«V2>  See  p.  22,  106,  193. 

Lex  HOSTILIA,  de  furtis^  about  theft,  is  mentioned 
only  by  Justinian,  Instit.  iv.  10- 

Lex  ICILIA,  de  tribums^  A.  261,  That  no  one  should 
Contradict  or  interrupt  a  tribune  {inter/an  tribuno)  while 
speaking  to  the  people,  Dionys.  vii.  17. 

•  Another,  A.  297,  de  Aventino  publicando.  That  the 

Avcnrint  hill  s'lould  be  common  for  the  people  to  build  up» 
on,  Li.  X.  32-  Liv.  iii.  13-  It  was  a  condition  in  the  creation 
of  the  decemviri,  that  this  law,  and  those  relating  to  the  tri- 
bunes, (LEGES  SACRATiE),  should  not  be  abrogatedo 
Liv-  iii.  32- 

Lex  JULIA,  </e  civiiafe  xociis  et  Latinis  danda  ;  the  au^^^ 
thor  L.  JuHus  Csesar,  A.  663,  That  the  freedom  of  the  city 
should  be  given  to  the  Latins  and  all  the  I'^alian  allies  who 
chose  to  accept  of  it,  {.qui  ex  legi  fundi  fieri  vellent)^  Cic. 
pro  Balb.  8.  Gell.  iv.  4.     See  p.  47-  72. 

Leges  JULLE,  laws  made  by  Julius  Csesar  and  Augus 
tus  : 

1.  By  C.  Julius  Ccesar,  in  his  first  consulship,  A. 

694.  and  afterwards  when  dictator : 

jLfx  J  ULI A  Ac  R  ARIA,  far  distributing  the  lands  of  Cam. 
^ania  and  Stella,  to  20,000  poor  citizens  who  had  esch 

Gff 


218  ROMAN  ANTIQUITIES. 

three  children  or  more,  Cic.  pro  Plane.  5.  Att'  il.  16,  l^g 
19.  VtlL  ii.  44.  Dio,  xxxviii.  1,  W  7. 

When  Bibulus,  Caesar's  colleague  in  the  consulate,  gave 
his  negative  to  this  law,  he  was  driven  from  the  Forum  by 
force-  And  next  day  having  complained  in  the  senate,  but 
not  being  supported,  he  was  so  discouraged,  that  during  his 
continuance  in  office  for  eight  months,  he  shut  himself  up 
at  home,  without  doing  any  thing,  but  interposing  by  his 
edicts,  («jf,  quoad potestate  abiret^  domo  abditus  nihil  aliud 
quam  per  edicta  obnuntiaref)^  Suet.  Jul.  20.  Dio.  xxxviii. 
6.  by  which  means,  while  he  wished  to  raise  odium  against 
his  colleague,  he  increased  his  power.  Veil-  ii.  44.  Metellus 
Celer,  Cato,  and  his  great  admirer,  itetnulator)  M.  Favo- 
nius,  at  first  refused  to  swear  to  this  law  ;  but  constrained 
by  the  severity  of  the  punishment  annexed  to  it,  which  Ap- 
pian  says  was  capital,  de  Bell.  Cwil  ii.  434-  they  at  last 
complied,  Dio.  xxxviii.  7.  Plutarch-  in  Cato  Minor.  This 
custom  of  obliging  ail  citizens,  particularly  senators,  within 
a  limited  time,  to  signify  their  approbation  of  a  law  by 
swearing  to  support  it,  at  first  introduced  in  the  time  of  Ma- 
rius,  (see  Leges  Appuleice)^  was  now  observed  with  respect 
to  every  ordinance  of  the  people,  however  violent  and  absurd, 
Dio.  xxxviii'  7.  Cic  Sext-  28. 

de  V\3Bi.icA'ii IS  tertia  parte  pecunia  debitee  rele- 

vandisy  about  remitting  to  the  farmers  general  a  third  part 
of  what  they  had  stipulated  to  pay.  Suet.  ibid.  Cic.  pro 
Plane.  14.  Dio.  ibid.  Appian.  B.  Civ.  ii.  435.  See  p.  26. 
When  Cato  opposed  this  law  with  his  usual  firmness,  Cae- 
sar ordered  him  to  be  hurried  away  to  prison  ;  but  fearing 
lest  such  violence  should  raise  odium  against  him,  he  desir- 
ed one  of  the  tribunes  to  interpose  and  free  him,  Plutarch, 
in  C(ss. 

Dio  says  that  this  happened  when  Cato  opposed  the  for- 
mer law  in  the  senate,  xxxviii.  3.  So  Suet.  Cas.  20-  Gell. 
iv.  10.  When  many  of  the  senators  followed  Cato,  one  of 
them,  named  M.  Petreius,  being  reproved  by  Cassar  for 
going  away  before  the  house  was  dismissed,  replied,  *'  I  had 
rather  be  with  Cato  in  prison,  than  here  with  Caesar,"  ibid* 
See  p.  15.  " 

For  the  ratification  of  all  Pompey's  acts  in  Asia, 


Ml 


Laws  of  the  Romans.'  219 

This  law  was  chiefly  opposed  by  Liicullus  ;  but  C?esar  so 
frighteiied  him  with  tlireatening  to  bring  him  to  an  account 
for  his  conduct  in  Asia,  that  he  promised  compliance  on  his 
kneeb.  Suet  ibid. 

de  PiioviNciis  oRDiNANDis;  an  improvement 

on  the  Cornelian  law  about  tiie  provinces  ;  ordaining  that 
those  who  had  been  pruetors  should  not  command  a  pro- 
vince above  one  year,  and  those  who  had  been  consuls,  not 
above  two  years,  Cic.  Phil.  1.  8.  Dio.  xliii-  25-  Also  or- 
daining that  Achaia,  Thessaly,  Atliens,  and  all  Greece, 
bhould  be  free,  and  use  their  own  laws,  Cic.  in  Fis.  16. 

de  Sacerdotiis,  restoring  the  Domitian  law,  and 

permitting  persons  to  be  elected  priests  in  their  absence, 
Cic.  ad  Brut.  5. 

JuDiciARiA,  ordering  the  judices  to  be  chosen  only 

from  the  senators  and  eqiiites,  and  not  from  the  tribuni  ara- 
riiy  Suet.  Jul.  41.  Cic.  Phil.  i.  9. 

de  Re petundis,  very  severe  {acerrima) against  ex- 
tortion- It  is  said  to  have  contained  aboA^e  100  heads,  Cic, 
Fam,  viii.y.  in  Pis.  16,  21,  37.  Sext.  64.  pro  Rabir.  Posth^ 
4.  ratin.  12.  ad  Attic,  v.  10,  ^  16.  Suet.  Jul.  43. 

de  Legatiowibusliberis,  limiting  their  duration 

to  five  years,  (see  p.  22.)  Cic.  Att.  xv.  11.  They  were  called 
liberce^  quod^  cum  velis^  introire-,  exire  liceat,  ibid. 

de  Vl  PUBLICA    ET  PRIVATA,  ET    DE  MAJESTA- 

TE,  Cic.  Phil.  i.  8,  9. 

de  PECUNiis  MUTuis,  about  borrowed  money. 

See  p.  50.  Dio.  xli.  37.  xlii.  51.  C^s.  B.  C.  iii.  1,  20, 42. 

de  MoDo  PECUNIAE  PossiDENDiE,  that  no  one 

should  keep  by  him  in  specie  above  a  certain  sum,  (lx  sei- 
i€rtia),Dio.  xli.  38.  Tacit.  Amial.  vi.  16. 

About  the  population  of  Italy,  That  no  Roman  citi- 
zens should  remain  abroad  above  three  years,  unless  in  the 
army,  or  on  public  business  ;  that  at  least  a  third  of  those 
emplojxd  in  pasturage  should  be  free-born  citizens :  Also 
about  increasing  the  punishment  of  crimes,  dissolving  all 
corporations  or  societies,  except  the  ancient  ones,  granting 
the  freedom  of  the  city  to  physicians,  and  professors  of  the 
libernl  arts,  &.c.  Suet.  42. 

— —  de  Residuis,  about  bringing  those  to  account  whci 


no  HOMAN  ANTIQUITIES. 

retained  any  part  of  the  public  money  in  their  hands,  Mar^ 
cian.  I.  4.  \Z.  ad  leg.  Jul 

flfeLiBERis  PR osc R I p TOR UM ,  That  the  children  of 

those  proscribed  by  Sylla  should  be  admitted  to  enjoy  pre- 
ferments, Suet.  Jul.  41.  which  Cicero,  when  consul,  had  op- 
posed,  Cic.  in  Pis.  2- 

■  SuMPTUARiA,  Suet.  Jul.  42.  Cic.  ad  Att.  xiii.  7. 

Fam.  vii.  26.  ix.  15.  It  allowed  200  HS.  on  the  diesprofes- 
ti;  300  on  the  calends,  nones,  ides,  and  some  other  festivals ; 
1000  at  marriage- feasts  {nuptiis  et  repotiis),  and  such  extraor- 
dinary entertainments.  Gellins  ascribes  this  law  to  Augus- 
tus,ii.24.  but  it  seems  to  have  been  enacted  by  both,  Z)zo.  livo 
2.  By  an  edict  of  Augustus  or  Tiberius,  the  allowance  for 
an  entertainment  was  raised,  in  proportion  to  its  soiemnityj 
from  300  to  2000  HS-  Gell.  ibid. 

2.  The  Leges  SUhlJK  made  by  Augustus  were  chiefly ; 

=  Concerning  marriage,  Cde  mantandis  ordinibus.  Su- 
et. Aug.  34.  hence  called  by  Horace  Lex  marita,  Carm. 
secul.  V.  68.)  Liv.  Epit.  59.  Suet.  89. 

.  de  A.TiXSiL'T'E.B.ii^^et  de  pudtcitia, Plin. Ep.  vi.  3 1 .— ^ 

de  ambitUy  Suei.  34.  against  ffrestalling  the  m'drktt,(nequis 
contra  annonam  ftcerit^  societatemve  coierit,  quo  annona  ca- 
rior  fiat,  Ulpian.) 

-cfe  Tutor  iBus,  That  guardians  should  be  appoint- 
ed for  orphans  in  the  provinces,  as  at  Rome,  by  the  Atihan 
law,  Justin.  Inst-  de  AtiL  tut. 

Lex  JULIA  theatralis,  That  those  equites,  who 
themselves,  their  fathers,  or  grandfathers,  had  the  fortune  of 
an  eques,  should  sit  in  the  fourteen  rows  assigned  by  the 
Roscian  law  to  that  order,  Suet.  Aug.  40.  Plin.  xxxiii.  2. 

There  are  several  other  laws,  called  Leges  Julit^^  which 
occur  only  in  the  Corpus  Juris. 

Julius  Caesar  proposed  revising  all  the  laws,  and  reducing 
them  to  a  certain  form.  But  this,  with  many  other  noble  de- 
signs of  that  wonderful  man,  was  prevented  by  his  death, 
Snet.  Jul.  44. 

Lex  JUNIA,  by  M.  Junius  Pennus  a  tribune,  A.  627, 
about  expelling  foreigners  from  the  city.  Gee  p.  81.  Against 
extortion,  ordainin;;,  that  besides  the  litis  (estimation  or  pay* 
m^  au  estimate  of  the  damages,  the  person  convicted  of  this 


Laws  of  the  Romans.  221 

erime  should  sufter  banishment,  Patcrc.  ii.  8.  Cic.  pro  JBalb. 
11. 

Another,  by  M.  Junius  Silanus  the  consul,  A.  644, 

about  diminishing  tlie  number  of  campaigns  which  soldi  .rs 
should  serve,  Ascon.  in  Cic.  pro  Cornel. 

Lex  JUNIA  LICINIA,  or  Junia  et  Licimal \.  691.  en- 
fc^rcing  the  Didian  law  by  severer  penalties,  Cic,  PhiL  v. 
5.  pro  Sixt.  64.  Fatin.  14.  Att.  iv.  16.  ii.  9. 

Lt:c  JUNIA  NORBANA,  A.  771,  concerning  the  ma. 
numission  of  slaves.     Seep.  44. 

XexLABlENA,  A.  691,  abrogating  the  law  of  Sy  11a,  and 
restoring  the  Domitian  law  in  the  election  ofprie^ts  ;  which 
paved  the  way  for  Caesar's  being  created  Pontiftx  Mxu 
musy  Dio.  xxxvii.  37.  Bv  this  law,  two  of  the  college  nam- 
ed  the  candidates,  and  the  people  chose  which  of  them  they 
pleased,  Ctc.  Phi  ii.  2. 

Lex  AMPLA  LABIEN  A,  by  two  tribunes,  A.  663, 
That  at  the  Circensian  games  Pi  mpey  should  wear  a  gold- 
en cro^\  n,  and  his  triumphal  robes  ;  and  in  the  theatre,  the 
pratexta  and  a  golden  crown  ;  which  mark  of  distinction 
he  used  onlv  once,  Paterc.  ii.  40. 

Ltx  L^TORIA,  A.  292,  That  the  plebeian  magis- 
tirates  should  be  created  at  the  Comitia  Tributa^  Liv.  ii.  SQ^ 
57. 

Another,  A.  490,  against  the  defrauding  of  minors, 

icontra  adolescentium  cir  cum  scrip  tionem,)  Cic.  Off.  iii.  15. 
By  this  law  the  years  of  minority  were  limited  to  twenty- 
five,  and  no  one  below  that  age  could  make  a  legal  bargain, 
istipulari)y  Plaut.  Rud.  v.  3,  25.  whence  it  is  called  Lex 
QuiNA  vicENNARiA,  Plaut.  Pscud.i.  3,  68. 

Leges  LIClNIiE,  by  P  Licinius  Varus,  city  prsetor,  A. 
545,  fixing  the  day  for  the  ludi  Apollinares,  which  before 
was  uncertain,  Liv.  xxvii.  23. 

— ^  by  C.  Licinius  Crassus,  a  tribune,  A.  608,  That 
the  choice  of  priests  should  be  transferred  from  their  college 
to  the  people ;  but  it  did  not  pass,  Cic.  de  Amie.  25. 
.  This  Licinius  Crassus,  according  to  Cicero,  first  intro- 
duced the  custom  of  turning  his  face  to  the  Forum  when 
he  spoke  to  the  people,  and  not  to  the  senate,  as  formerly, 
(^rimum  institidt  in  forum  versus  agere  cum  populo)^  ibid. 


222  ROMAN  ANTIQUITIES. 

But  Plutarch  says  this  was  first  done  by  Caius  Gracchus, 
Plut-  in  Gracch, 

by  C.  Licinius  Stolo,  A.  377,  That  no  one  should 

possess  above  500  acres  of  land,  Liv.  vi.  35.  nor  keep  more 
than  J  00  head  of  great,  or  500  head  of  small  cattle,  Appian, 
de  Bell.  Civ/i.  But  Licmius  himself  was  soon  after  pun- 
ished for  violating  his  own  law,  Liv.  vii.  16. 

by  Cnissus  the  orator,  similar  to  the  iEbutian  law, 

Cic  pro  Dom.  20. 

Lex  LICINIA,  de  sodalitiis  et  de  ambitu,  A.  6?8.  against 
bribery,  and  assembling  societies  or  companies,  for  the  pur- 
pose of  canvassing  for  an  office,  Cic.  pro  Plane.  15,  16.  In 
a  trial  for  this  crime,  and  for  it  only,  the  accuser  was  allow- 
ed to  name  (edere)  the  jurymen  ijudices)  from  the  people  in 
general,  (ex  omni populo)^  ibid.  17. 

Lex  LICINIA  sumptuaria^  by  the  consuls  P.  Licinius 
Crassus?^^  Rich,  and  Cn.  Lentulus,  A.  656,  much  the  same 
with  the  Fannian  law :  That  on  ordinary  days  there  should 
not  be  more  served  up  at  table  than  three  pounds  of  fresh, 
and  one  pound  of  salt  meat,  {salsamentorum) ;  but  as  much 
of  the  fruits  of  the  ground  as  every  one  pleased,  Macrob'  ii. 
13.  Gell.  ii.  24. 

Lex  LICINIA  CASSIA,  A.  422,  That  the  legionary 
tribunes  should  not  be  chosen  that  year  by  the  people,  but 
by  the  consuls  and  prsetors,  Liv,  xlii.  31. 

Lex  LICINIA  SEXTIA,  A.  377,  about  debt.  That 
what  had  been  paid  for  the  interest  {quod  usuris  pernumera- 
turn  esset)  should  be  deducted  from  the  capital,  and  the 
remainder  paid  in  three  years  by  equal  portions,  Liv.  vi. 
35.  That  instead  of  Duumviri  for  performing  sacred  rites. 
Decemviri  should  be  chosen,  part  from  the  patricians,  and 
part  from  the  plebeians,  Liv.  vi.  41.  That  one  of  the  con. 
suls  should  be  created  from  among  the  plebeians,  ibid.  vi. 
35.  Seep.  125. 

Lex  LICINIA  JUNIA,  or  Junia  et  Licinia,  by  the  two 
consuls,  A.  691,  enforcing  the  lex  Cicilia  Didia^  Cic.  in 
Vat.  14.  whence  both  laws  are  often  joined,  Cic.  Phil.  v.  3. 
pro  Sext.  64.  Att.  ii.  9.  iv.  16. 

Lex  LICINIA  MUSIA,  A.  658,  That  no  one  should 
pa$s  for  a  citizen  who  was  not  so,  Cic.  Off.  iii-  11.  pro 


Laws  of  the  Romans^  2215 

l^alb.  21.  24.  which  was  one  principal  cause  of  the  Italic  or 
Marsic  war,  Ascon.  in  Cic.  pro  Cornel. 

i^<"5-«?f  LI  VI/E,  proposed  by  M.  Livius  Drusus,  a  tri- 
bune, A.  662,  about  transplanting  colonies  to  different 
places  in  Italy  and  Sicily,  and  granting  corn  to  poor  citizens 
at  a  low  price  ;  and  also  that  the _;w(7zc(?j  should  be  chosen 
indiff".  reiitly  from  the  senators  and  equitts^  and  that  the  al- 
lied states  of  Italy  should  be  admitted  to  the  freedom  of  the 
city. 

Drusus  was  a  man  of  great  eloquence,  and  of  the  most 
upright  intentions ;  but  endeavouring  to  reconcile  those 
whose  interests  were  diametrically  opposite,  he  was  crushed 
in  the  attempt ;  being  murdered  by  an  unknown  assassin  at 
his  own  house,  upon  his  returning  from  the  Forum,  amidst 
a  number  of  clients  and  friends.  No  inquiry  was  made  a- 
bout  his  death.  The  states  of  Italy  considered  this  event 
as  a  signal  of  revolt,  and  endeavoured  to  extort  by  force 
what  they  could  not  obtain  voluntarily.  Above  300,000 
men  fell  in  the  contest  in  the  space  of  two  years.  At  last 
the  Romans,  although  upon  the  whole  they  had  the  advan- 
tage, were  obliged  to  grant  the  freedom  of  the  city,  first  to 
their  allies,  and  afterwards  to  all  the  states  of  Italy,  Appmn» 
dsBdl  Civ.  i.  373,  £sV.  Fell.  Pat.  ii-  15-  Liv.  Epit-  71. 
Cic.  Brut.  28,  49,  62.  pro  Rahir.  7-  Plane.  14.  Dom.  19. 

This  Drusus  is  also  said  to  have  got  a  law  passed  for 
mixing  an  eighth  part  of  brass  with  silver,  P/in.  xxxiii*  33. 

But  the  laws  of  Drusus  {leges  Lwice)  ^2i's>  Cicero  says,  were 
soon  abolished  by  a  short  decree  of  the  senate,  {uno  versicitlo 
senatus  puncto  temp  oris  suhlate  sunt  ^Cic.de  legg.ii.  6.  DecrC" 
vit  enim  senatus  ^Philippo  eos.re/erente^CoNTRA  auspicia 

J.ATAS  VIDERl). 

Drusus  was  grandfather  to  Livia,  the  wife  of  Augustus, 
and  mother  of  Tiberius. 

Lex  LUTATIA,  de  vi,  by  Q.  Lutatius  Catulus,  A.  675. 
That  a  person  might  be  tried  for  violence  on  any  day,  Cic' 
pro  Ccel.  1.  29.  festivals  not  excepted,  on  which  no  trials 
lised  to  be  held,  Cic,  Act.  in  Verr.  10. 

Lex  MiENIA,  by  a  tribune,  A.  467,  That  the  senate 
should  ratify  whatever  the  people  enacted,  Ci€.  in  Brut,  14. 
See  p«  22. 


^24  ROMAN  ANTIQUITIES, 

Lex  MAJESTATIS,  for  punishing  any  crime  againstthc 
people,  and  afterwards  against  the  emperor,  Cornelia^  ^c. 
Cic.  in  Pis.  21.  Tacit.  Ann.  iv.  34. 

Lex  MAMILIA,  de  limitihus^  vel  de  regundis  Jinibus 
agrorum,ior  regulating  the  bounds  of  farms;  whence  the  au- 
thor of  ir,  C.  Mamilius,  a  tribune,  A.  642,  got  the  sirnameof 
LiMiTANus.  It  ordained,  That  there  should  be  an  uncul- 
tiviited  space  of  five  feet  broad  left  between  farms ;  and  if 
any  dispute  happened  about  this  matter,  that  arbiters  should 
be  appointed  by  the  prastor  to  determine  it.  The  law  of  the 
Twelve  Tables  required  three,  Cic.  de  leggo  i.  21. 

— — ■  Another,  by  the  same  person,  for  punishing  those 
who  had  received  bribes  from  Jugurtha,  SalL  Jug.  40. 

Z/(?xiVIANILIA,for  conferring  onPompey  the  command 
of  the  war  against  Mithridates,  proposed  by  the  tribune  C, 
Manilius,  A.  687,  and  supported  by  Cicero  when  praetor,  de 
leg.  ManiL  and  by  Ceesar,  from  different  views  :  but  neither 
of  them  was  actuated  by  laudable  motives,  Dio.  xxxvi.  26* 

^  Another  by  the  same.  That  freedmen  might  vote  in 

all  the  tribes,  Cic.  proMiir.  23-  whereas  formerly  they  voted 
in  some  one  of  the  four  city  tribes  only-  (See  p.  104.)  But 
this  law  did  not  pass,  Ascon.  in  Cic.  pro  Cornel. 

Leges  M  ANILI AN-^  venalium  vendendorum^  not  pro- 
perly laws,  but  regulations  to  be  observed  in  buying  and 
selling,  to  prevent  fraud,  Cic.  de  Orat.  i.  5.  58.  called  by 
Varro,  ACTIONES,  de  re  rust.  ii.  5.  11.  They  were  com- 
posed by  the  lawyer  Manilius,  who  vva.  consul,  A.  603. 

The  formalities  of  buying  and  selling  were  by  the  Romans 
used  in  their  most  solemn  transactions ;  as  in  emancipation 
and  adoption^  marriage  y  and  testaments^  in  transferring  pro- 
perty., &;c. 

Lex  MANLI A,  by  a  tribune,  A.  558,  about  creating  the 
Trtu?nviri  Epulones,  Liv.  xxxiii,  42.  Cic.  de  Orat.  iii.  19. 

de  VicEsiMA,  by  a  consul,  A.  396,  Liv.  vii.  16. 

See  p.  70. 

Lex  MARC  I  A,  by  Marcius  Censorinus,  That  no  one 
should  be  made  a  censor  a  second  time,  Plutarch,  in  Coriol. 

de  Statiellatibiis  vel  Statielhs.,  that  the  senate  upon 

oath  should  appoint  a  person  to  inquire  into,  and  redress  the 
injuries  of  the  Statielli  or  .ates,  a  nation  of  Liguria,  Livi 
i^iii.  21. 


LaWs  of  the  RoitAN5.  225. 

Lex  MARIA,  by  C.  Marius,  when  tribune,  A.  034. 
jiboiit  making  the  entrances  to  the  Ovilia  {pontes)  narrower, 
Cic.  de  legfi^.  iii.  17. 

Lex  mARIA  PORCIA,  by  two  tribunes,  A.  G91,  That 
those  commanders  sliould  be  punished,  who,  in  order  to  ob- 
tain a  triumph,  wrote  to  the  senate  a  false  account  of  the 
number  of  the  enemy  slain  in  battle,  or  of  the  citizens  that 
were  missing  ;  and  that  when  they  returned  to  the  citj',  they 
should  swear  before  the  city  queestors  to  the  ti'uth  of  the  ac- 
count which  they  had  sent,  Faier.  Max.  ii.  8.  1. 

Lex  MEMMIA,  vel  REMMIA  ;  by  whom  it  was  pro- 
posed, or  in  what  year,  is  uncertain.  It  ordained,  that  an  ac- 
cusation should  not  be  admitted  against  those  who  were  ab- 
sent on  account  of  the  public,  Valer.  Max.  iii.  7.  9.  Suet. 
Jul.  23.  And  if  any  one  was  convicted  of  false  accusation 
Ccalumtii^e)^  that  he  should  be  branded  on  the  forehead  with 
a  letter,  Cic.  pro  Rose,  A  mm.  19,  20.  probably  with  the  let- 
ter K,  as  anciently  the  name  of  tliis  crime  was  written  Ka- 

XUMNIA. 

Lex  MENENIA,  A.  302,  That  in  imposing  fines,  a 
sheep  should  be  estimated  at  ten  asses^  and  an  ox  at  one. 
hundred,  Festus  in  Peculatus. 

Lex  MENSIA,  That  a  child  should  be  held  as  a  foreign- 
er, if  either  of  the  parents  was  so.   But  if  both  parents  were 
Romans,  and  married,  children  always  obtained  the  rank  of 
the  father,  (patrem  sequuntur  liberty  Liv.  iv.  4.)  and  if  un- 
married, of  the  mother,  Ulp'ian. 

Lex  METILIA,  by  a  tribune,  A.  516,  That  Minucius, 
master  of  horse,  should  have  equal  command  with  Fabius 
the  dictator,  Liv.  xxii.  25,  26. 

Another,  as  it  is  thought  by  a  tribune,  A.  535,  giv- 
ing directions  to  fullers  of  cloth ;  proposed  to  the  people  at 
the  desire  of  the  censors,  {quam  C.  Flaminius  L.  Emilius 
censores  dedere  ad popiilumferendam,)  I'lin.  xxxv.  17.  s.  57. 

4. Another,  by  Metellus  Nepos,  a  prastor,  A.  694. 

about  freeing  Rome  and  Italy  from  taxes,  {nx^,  vectigalia) 
Dio.  XXX vii.  51.  probably  those  paid  for  goods  imported, 
iportorium),  Cic.  Att  ii.  16. 

Leges  MILITARES,  regulations  for  the  army.  By  one 
of  these  it  was  provided,  That  if  a  soldier  war,  fey  chance  cn»- 

H  h 


226  ROMAN  ANTIQUITIES. 

listed  into  a  legion,  commanded  by  a  tribune  whom  he  could 
prove  to  be  inimical  to  him,  he  might  go  from  that  legion  to 
another.  Civ.  pro  Flacco,  32. 

Lex  MINUC I  A,  de  triumviris  mensariis,  by  atribune,  A" 
537,  about  appointing  bankers  to  receive  the  public  money, 
Liv-  xxxiii.  21. 

Leges  NUMiE,laws  of  king  Numa,  mentioned  by  differ =. 
ent  Jiuthors :  That  the  gods  should  be  worshipped  with  corn 
and  Ml  salted  cake,  (fruge  et  salsa  fnola),  Plin.  18-  2.  That 
whoever  knowingly  killed  a  free  man,  should  be  held  as  a 
parricide,  Festus  m  Que  stores  Parricidii  :  That  no 
harlot  should  touch  the  altar  of  Juno  ;  and  if  she  did,  that  she 
should  sacrifice  an  ewe  lamb  to  that  goddess  with  dishevelled, 
hair.  Id  in  Pell  ices,  Gell-  iv-  3.  That  whoever  removed 
a  land-mark  should  be  put  to  death,  {qui  terminum  exaras- 
set^  et  ipsum  etboves  sacros  esse,)  Fest.  in  Terming  :  That 
wine  should  not  be  poured  on  a  funeral  pile,P/m  xiv- 12.  Sec. 

Lex  OCT  AVI  A/riimenf  aria,  by  a  tribune,  A.  633,  ab- 
rogating the  Sempronian  law,  Cic.  in  Brut.  62.  and  ordain- 
ing, as  it  is  thought,  that  com  should  not  be  given  at  so  low 
a  price  to  the  people.  It  is  greatly  commended  by  CicerOj 
Off'  ii.  21. 

Lex  OGULNIA,  by  two  tribunes,  A.  453,  That  the 
number  of  the  pontifices  should  be  increased  to  eight,  and  of 
the  augurs  to  nine  ;  and  that  four  of  the  former,  and  five  of 
the  latter,  should  be  chosen  from  among  the  plebeians,  Liv. 
X.  6.  9. 

Lex  OPPIA,  by  a  tribune,  A-  540,  That  no  woman  should 
have  in  her  dress  above  half  an  ounce  of  gold,  nor  wear  a 
garment  of  different  colours,  nor  ride  in  a  carriage  in  the  city 
or  in  any  town,  or  within  a  mile  of  it,  unless  upon  occasion 
of  a  public  sacrifice,  Liv.  xxxiv.  1-  Tacit.  Ann.  iii-  33, 

Lex  OPTIMA,  a  law  was  so  called  which  conferred  the 
most  complete  aulhoritj^  Festus  in  voce,  as  that  was  called 
optimum  jus,  v/hich  bestowed  complete  propcrt}"- 

Lex  ORCHIA,  by  atribune,  A.  S66,  limiting  the  num- 
ber of  guests  at  an  entertainment,  Fest-  wOpsonitavere, 
Macroh.  Sat-  ii.  13. 

Lex  OVINIA,  that  the  censors  should  choose  the  most 
worthy  of  all  ranks  into  the  senate,  Festus  in  Frjetlk  i  t  i 


Laws  of  the  Romans.  227 

S£  N-  A  T  0  R  E  s .  Tliose  wlio  had  borne  offices  were  commonly 
lirst  chosen  ;  and  that  all  tliesc  might  be  admitted,  some^ 
times  more  than  the  limited  number  were  elected,  Dio. 
::xxvii.  46- 

Lex  PAPI  A,  by  a  tribune,  A.  688,  That  foreigners  should 
be  expelled  from  Rome,  and  the  allies  of  the  Latin  name 
forced  to  return  to  their  cities,  Cic.  Off.  iii.  IL  proBalb.23. 
Arch.  5.  Att.  iv^  16.  Dio.  xxxvii.  9. 

Lex  PAPI  A  POPP/EA,  about  the  manner  of  choosing 
icapienda^)  Vestal  virgins,  Gell  i.  12.  The  author  of  it,  and 
the  time  when  it  passed,  are  uncertain. 

Lex  PAPIA  POPP/EA,  de  maritandis  ordinibusy  pro- 
posed by  the  consuls  Papius  and  Poppseus  at  the  desire  of 
Augustus,  A.  762,  enforcing  and  enlarging  the  Julian  law, 
Tacit.  Ann,  iii.  25,  28.  The  end  of  it  was  to  promote  popu- 
lation, and  repair  the  desolation  occasioned  by  the  civil  wars- 
It  met  with  great  opposition  from  the  nobility,  and  consist- 
ed  of  several  distinct  particulars,  (Lex  Satura).  It  pro* 
posed  certain  rewards  to  marriage,  and  penalties  against  ce- 
iibacy,  which  had  always  been  much  discouraged  in  the 
Roman  state,  Fal.  Max.  ii.  9.  Liv.  xlv.  15.  Epit.  59.  Suet> 
Aug.  3^,  &  89.  Dio.  Ivi.  3,  4.  Gell.  i.  6.  v.  19.  and  yet  great- 
ly prevailed,  ibid.  £s?  Plin.  xiv.  proem.  Senec.  consol-  ad  Marc. 
19.  for  reasons  enumerated,  Plant.  Mil.  iii.  1,  85,  111,  Sec. 
Whoever  in  the  city  had  three  children,  in  the  other  parts  of 
Italy  four,and  in  the  provinces  five,  was  entitled  to  certain  pri- 
vileges and  immunities.  Hence  the  famous  JUS  TRIUM 
LIBERORUM,  so  often  mentioned  by  Pliny,  Martial,  &c, 
which  used  to  be  granted  also  to  those  who  had  no  children, 
first  by  the  senate,  and  afterwards  by  the  emperor,  Plm.  Ep> 
ii.  13.  x.  2.  96.  Martial,  ii.  91,  92.  not  only  to  men,  but 
likewise  to  women,  Dio.  Iv.  2.  Suet.  Claud.  19.  Plin.  Epist. 
ii.  13.  vii.  16.  x.  2,  95,  96«  The  privileges  of  having  three 
children  were,  an  exemption  from  the  trouble  of  guardianship, 
a  priority  in  bearing  offices,  Plin.  Ep.  viii.  16.  and  a  treble 
proportion  of  corn.  Those  who  lived  in  celibacy  could  not 
succeed  to  an  inheritance,  except  of  their  nearest  relations, 
unless  they  married  within  100  days  after  the  death  of  the 
testator ;  nor  receive  an  entire  legacy,  Uegatum  omne^  vel  so^ 
Mum  capere)'  And  what  tliey  were  thus  deprived  of  in  cer- 


^28  ROMAN  ANTIQUITIES. 

tain  cases  fell  as  an  escheat  {caduciuri)  to  the  exchequer  ifiS" 
co)  or  prince's  private  purse,  Juvenil.  ix.  88,  kc. 

Lex  PAPIRIA,  by  a  tribune,  A.  563,  diminishing  the 
\veight  of  the  as  one  half,  Plin.  xxxiii.  3. 

■  by  a  praetor,  A-  421,  granting  the  freedom  of  the 

city,  without  the  right  of  voting,  to  the  people  of  Acerra, 
Liv,  viii.  IT* 

—  by  a  tribune,  the  year  uncertain.  That  no  edifice, 
land,  or  altar,  should  be  consecrated  without  the  order  of 
the  people,  Cic,  pro  Dom.  49. 

— —  A-  325,  about  estimating  fines,  Liv.  iv.  30,  proba- 
bly the  same  with  ZcxMenenia. 

That  no  one  should  molest  another  without  cause i 

Fest.in  Sacramentum. 

by  a  tribune,  A.  621,  That  tablets  should  be  used 

in  passing  laws,  C'lc.  de  kgg.  iii.  16. 

by  a  tribune,  A.  623,  That  the  people  might  re- 
elect the  same  person  tribune  as  often  as  they  chose ;  but  it 
was  rejected,  Cic.de  Amic.  25.  Liv.  Epif.  59- 

Instead  oi  Papirius,  they  anciently  wrote  Papisius,  Cic. 
Fam.  ix.  21.  So  Valesius  for  Valerius^  Auselius  for  Aurelius, 
Stc.  Varro  de  Lat-  ling.  i.  6.  Festus.  Qmvctil.  i.  4.  Ap. 
Claudius  is  said  to  have  invented  the  letter  R,  probably  from 
his  first  using  it  in  these  words,  D.  i.  2,  2,  36. 

Lex  PEDIA,  by  Pedius  the  consul,  A.  710,  decreeing 
banishment  against  the  murderers  of  Cassar,  Veil.  Pat.  ii. 
69. 

Lex  PEDUCiEA,  by  a  tribune,  A.  640,  against  incest, 
Cic.  de  nut.  Deor.  iii.  30. 

Lex  PERSOLONIA,  or  Pisulania,  That  if  a  quadruped 
did  any  hurt,  the  owner  should  either  repair  the  damage,  or 
give  up  the  beast,  Paull.  Sent.  i. 

Lex  PiETELIA,  de  ambitu,  by  a  tribune,  A.  397,  That 
candidates  should  not  go  round  to  fairs  and  other  public 
meetings,  for  the  sake  of  canvassing,  Liv.  vii.  15. 

de  Nexis,  by  the  consuls,  A.  429,  That  no  one 

should  be  kept  in  fetters  or  in  bonds,  but  for  a  crime  that 
deserved  it,  and  that  only  till  he  suffered  thepunishment  due 
by  law  :  That  creditors  should  have  a  right  to  attach  th© 
^aods,  and  not  the  persons,  of  their  debtors,  Liv.  viii.  28o 


Laws  of  the  Romans."  229 

de  Peculatu,  by  a  tribune,  A.  566,  That  inquiry- 
should  be  made  about  the  money  taken  or  exacted  from 
King  Antiochus  and  his  subjects,  and  how  much  of  it  had 
not  been  brought  into  the  public  trcasurj^  Liv-  xxxviii. 
54. 

Lex  PETREIA,  by  a  tribune,  A.  668,  That  mutinous 
soldiers  should  be  decimated,  i.  e.  That  every  tenth  man 
should  be  selected  by  lot  for  punishment,  Appiart.  de  Bell. 
Civ.  'iv  p.  457. 

Lex  PETRONIA,  by  a  consul,  A.  813,  prohibiting 
masters  from  compelling  their  slaves  to  fight  with  wild 
beasts,  Modestin.  ad  leg   Cornel,  de  sicar. 

Lex  PIN  ARIA  ANNALIS,  by  a  tribune,  A.  622. 
What  it  was  is  uncertain,  Cic.  de  Orat.  ii.  ^S. 

Lex  PLAUTIA  vel  PLOTIA,  by  a  tribune,  A.  664, 
That  the  jicdwes  should  be  chosen  both  from  the  senators 
and  equites  ;  and  some  also  from  the  plebeians.  By  this  law 
each  tribe  chose  annually  fifteen  {quinos  denos  suffragio  ere- 
abant)y  to  he  judices  f^or  thdt  year,  in  all  525.  Some  read 
quinos  creabant ;  thus  making  them  the  same  with  the 
Centumviri,  Ascon.  in  Cie.p?'o  Cornel. 

PLOTIA  de  vi,  against  violence,  Cic.  pro  Mil.  13. 

Fam-  viii.  8. 

Lex  POMPEIA  de  vi,  by  Pompey,  when  sole  consul, 
A.  701,  That  an  inquiry  should  be  made  about  the  murder 
of  Clodius  on  the  Appian  way,  the  burning  of  the  senate- 
house,  and  the  attack  made  on  the  house  of  M.  Lepidus  the 
interrex,  Cic.  pro  MU.  et  Ascon. 

de  Am B ITU,  against  bribery  and  corruption  in  elec- 
tions, with  the  infliction  of  new  and  severer  punishments, 
ibid.  Dio.  xxxix-  37.  xl.  52. 

By  these  laws  the  method  of  trial  was  altered,  and  the 
length  of  them  limited  :  Three  days  were  allowed  for  the 
examination  of  witnesses,  and  the  fourth  for  the  sentence  ; 
on  which  the  accuser  was  to  have  two  hours  only  to  enforce 
the  charge  ;  the  criminal  three  for  his  defence,  ibid.  This 
regulation  was  considered  as  a  restraint  on  eloquence,  Dia- 
log, de  orator.  38. 

Lex  FOMFFAA.  judiciaria,  by  the  same  person  ;  retain- 
ing the  Aiirelian  law,  but  ordaining,  That  thcjudires  should 


230  ROMAN  ANTIQUITIESo 

be  chosen  from  among  those  of  the  highest  fortune,  (ex  am-- 
plissimo  censu),  in  the  difterent  orders,  Cic.  in  Pis.  39.  Phih 
i.  8.  Ascon,  in  Cic.—Quum  injudice  et  fortuna  spectan  de- 
htret^  et  dignitas^  Cic.  Phil.  i.  20. 

— — de  Co M I Ti IS,  That  no  one  should  be  allowed  to 
stand  candidate  for  an  office  in  his  absence.  In  this  law  Ju- 
lius C8esar  was  expressly  excepted,  Suet.  Jul.  28.  Dio.  xl. 
56.  Appian.  de  Bell.  Civ.  ii.  p.  442.  Cic.  Att.  viii.  3.  PhiL 
ii.  10. 

—  de  repetundis,  Appian.  B.  Civ.  ii.  AAl.—De  parrici- 
dis,  1.  i.  Dig. 

The  regulations  which  Pompey  prescribed  to  the  Bidiy- 
nians,  were  also  called  Ijcx  POMPEIA,  Plin.  Epist.  x. 
S3.  113,  115. 

Lex  POMPEIA  decivitate,hy  Cn.  Porapeius  Strabo,  the 
consul,  A.  665,  granting  the  freedom  of  the  city  to  the  Ita- 
lians, and  the  Galli  Cispadani,  Plin.  iii.  20. 

Jjex  POPILIA,  about  choosing  the  vestal  virgins,  GelL 
i.  12. 

Lex  PORCIA,  by  P.  Porcius  Laeca,  a  tribune,  A.  454, 
That  no  one  should  bind,  scourge,  or  kill  a  Roman  citizen, 
Liv.x.  9.  Cic.  pro  Rabir.  perd.  3,  4.  Verr.  v.  63.  Sallustc 
Cat.  51. 

Lex  PUBLICIA,  vel  PubUcia  de  lusu^  against  playing 
for  money  at  an3'^  game  but  what  required  strength,  as,  shoot- 
ing^  running,  leaping,  &c.  /.  3.  D.  de  alcat. 

X^xPUBLlLIA.  Seep- 22,  105. 

Lex  PUPI  A,  by  a  tribune,  That  the  senate  should  not  be 
held  on  tfo/nejfea/ days,  Cic.  adfratr.  ii.  2-  13.  and  that  in  the 
month  of  February,  their  first  attention  should  be  paid  to  the 
heawng  of  embassies,  Cic-  Fam.  i.  4. 

Lex  QUINCTIA,  A.  745,  about  the  punishment  of 
those  whohivrt  or  spoiled  the  aquasducts  or  public  reservoirs 
of  water,  Front'in.  de  aqiueduct. 

Lex  REGIA,  conferring  supreme  power  on  Augustus. 
See  p.  27. 

Leges  REGLIL.  laws  made  by  the  kings,  Cic.  Tusc. 
quast.  iii.  1.  which  arc  said  to  have  been  collected  by  Papi^ 
rius,  or  as  it  was  anciently  written,  Papisius,  Cic.  Fam.  ix. 
21.  soon  after  the  expulsion  of  Tarquin,  Dionys.  iii.  36> 


Laws  of  the  Row  a. vs.  231 

whence  they  were  called 7?/*  civile  PAPIRIANUM ;  and 
some  of  them,  no  doubt,  were  copied  into  the  Twelve  Tables. 

/vex  RIHODIA,  containing  the  rej^nlations  of  the  Rho- 
dians  concerning  naval  affairs,  ^which  Cicero  greatly  com- 
mends,  pro  leg-  Maml.  18.  and  Strabo,  lib.  14.)  supposed  to 
have  been  adopted  by  tiie  Romans.  But  this  is  certain  only 
with  respect  to  one  clause,  de  jaetu^  about  throwing  goods 
overboai'd  in  a  storm. 

Leges  de  REPETUNDIS ;  Acilia,  Calpurnia,  Cacilia, 
Cornelia,  Julia,  Jiinia,  Fompeia,  Servilia. 

Lex  ROSCIA  tkeatralis,  determining  the  fortune  of  the 
equites,  and  appointing  them  certain  seats  in  the  theatre,  (see 
p.  29.)  Cic.  pro  Murcen.  19.  Juvenal,  xiv-  323.  Liv.  Epit, 
99.  Mart.  v.  8.  Dio.  xxxvi.  25.  By  this  law  a  certain  place 
in  the  theatre  was  assigned  to  spendthrifts,  {decoctcribus), 
Cic.  Phil.  ii.  18.  The  passing  of  this  law  occasioned  great 
tumults,  which  were  allayed  by  the  eloquence  of  Cicero  the 
consul,  Cic.  Att.  ii.  1.  Plut.  in  Cic.  to  which  Virgil  is  sup- 
posed to  allude,  .^n,  i.  125. 

Lex  RUPILIA,  or  more  properly  decretum,  containing 
the  regulations  prescribed  to  the  Sicilians  by  the  Praetor 
Rupilius,  with  the  advice  of  ten  ambassadors,  Cic.  Ferr.  ii. 
13,  15.  according  to  the  decree  of  the  senate,  Id.  16. 

Leges  SACRAT^E  :  Various  laws  were  called  by  that 
name,  chiefly  those  concerning  the  tribunes,  made  on  the 
Mons  Sacer,  Cic.  pro  Cornel,  because  the  person  who  vio~ 
lated  them  was  consecrated  to  some  god,  Eestus.  Cic.  de  Of^ 
fie.  iii.  31.  pro  Balb.  14,  15.  Legg.  ii.  7.  Liv.  ii.  8,  33,  54, 
iii.  ^S.  xxxix.  5.  There  was  also  a  Lex  sac  rat  a  mili- 
T.ARis,  That  the  name  of  no  soldier  should  be  erased  from 
the  muster-roll  without  his  own  consent,  Liv.  vii.  41.  So 
among  the  iEqui  and  Volsci,  Liv.  iv.  26.  the  Tuscans, 
ix.  39.  the  Ligw'es,  Liv.  xxxvi.  3.  and  particularly  the 
Samnites,  ix.  40.  among  whom  those  were  called  Sacraic 
■milites,  who  were  enlisted  by  a  certain  oath,  and  with  par  • 
iicular  solemnities,  x.  48. 

Lex  SATURA,  was  a  law  consisting  of  several  distinct 
particulars  of  a  different  nature,  which  ought  to  have  been 
enacted  separately,  Festus. 

Lex  SCATINIA,  vcl  Scctntinia  de  nefanda-  venere,  by  a 


232  ROMAN  ANTIQUITIES. 

tribune,  the  year  uncertain,  against  illicit  amours,  Cic,  Fam» 
viii.  14.  Phil.  iii.  6.  Juvenal,  ii.  43.  The  punishment  at 
first  was  a  heavy  fine,  Quinctil.  iv.  2.  vii.  4.  S^uet.  Domit. 
8.  but  it  was  afterwards  made  capital. 

Lex  SCRIBONIA,  by  a  tribune,  A.  U.  601,  about  re- 
storing the  Lusitani  to  freedom,  Liv.  Epit.  49.  Cic.  in  Brut, 
23. 

Another,  de  servitiitum  usiicapionibus^  by  a  consul 

under  Augustus,  A.  719,  That  the  right  of  servitudes  should 
not  be  acquired  by  prescription,  /.  4.  D.  de  Usucap.  which 
seems  to  have  been  the  case  in  the  time  of  Cicero,  pro  Ca- 
cin.  26. 

Leges  SEMPRONI^,  laws  proposed  by  the  Gracchi, 
Cic.  Phil.  i.  7. 

1.  TIB.  GRACCHI  Ac r aria,  by  Tib.  Gracchus,  A. 
620,  That  no  one  should  possess  more  than  500  acres  of 
land  ;  and  that  three  commissioners  should  be  appointed  to 
divide  among  the  poorer  people  what  any  one  had  above  that 
extent,  Liv-  Epit.  58.  Plut.  in  Gracch.  p-  837.  Appian.  de 
Bell.  Civ.  i.  355. 

f/f?  CiviTATE  Italis  danda.  That  the  frccdom 

of  the  state  should  be  given  to  all  the  Italians,  Paterc'  \\. 
2,3. 

^d-H^REDiTATE  Att ALi, Tliatthc moucy,  which 

Attains  had  left  to  the  Roman  people,  should  be  divided  a- 
mong  those  citizens  who  got  lands,  to  purchase  the  instru- 
ments of  husbandry,  Xft^.  jE'pzY.  58.  Plut.  in  Gracch. 

These  laws  excited  great  commotions,  and  brought  de- 
struction on  the  author  of  them.  Of  course  they  were  not 
put  in  execution,  ibid. 

2.  C.  GRACCHI  Frumentaria,  A.  628.  That  corn 
should  be  given  to  the  poor  people  at  a  triens  and  a  semis,  or 
at  4-f  of  an  ass  per  bushel ;  and  that  money  should  be  ad- 
vanced from  the  public  treasury  to  purchase  corn  for  that 
purpose.  The  granaries  in  which  tliis  corn  was  kept,  were 
called  HoRREA  Sempronia,  Cic.  pro  Sext.  48.  TuscuU 
QiKSst.  iii.  20.  Brut.  62.  OJf.  ii.  21-  Liv.  Epit.  58.  60. 

Note.  A  triens  and  semis  are  put  for  a  dextans,  because 
the  Romans  had  not  a  coin  of  the  value  of  a  dextans. 
(/ePRoviNGiis,  That  the  provinces  should  be  ap- 


Laws  of  the  Romans.  233 

pointed  for  the  consuls  every  year  before  tlieir  election,  Cic, 
de  Prov,  Cons-  2.  pro  Balb.  27.  Dom.  9.  Fam.  i.  7. 

rt<?  Capite  civium,  That  sentence  should  not  be 

passed  on  the  lilc  t-f  a  Roman  cilizt.n  w  ithout  the  order  of  the 
people,  Or.  pro  Rabir,  4.  Ftrr.  v.  63.  in  Cat.  iv.  5. 

de  M  A  G I  s  T R  A  T I B  u  s ,  That  whoever  was  deprived 

of  his  office  by  tlie  people,  should  ever  after  be  incapable  of 
enjoying  any  other,  Plutarch,  in  Gracch, 

JuDiciARiA,  That  the  jiidicts  should  be  chosen 

from  among  tiie  equites,  and  not  from  the  senators  as  for- 
merly, Appian.  de  Bell.  Civ.  i.  363.  Dio.  xxxiv.  88.  Cic» 
Verr.  i.  13. 

Against  corruption  in  the  judices^  (Nec^uis  judi- 

CIO  ciRCUMVENiRETUR),  Cic.pro  Cluent.  55.  Sylla  alter ^ 
wards  included  this  in  his  law  defalso. 

c^^Centuriis  evocandis.  That  it  should  be  de- 
termined by  lot  in  what  order  the  centuries  should  vote,  Sal'- 
lust,  ad  Cccs.  de  Rep.  Ord.     See  p.  97. 

r/e"  M I  LI  T I B  u  s ,  That  clothes  should  be  afforded  to 

soldiers  by  the  public,  and  that  no  deduction  should  be  made 
on  that  account  from  their  pay  ;  also.  That  no  one  should  be 
forced  to  enlist  below  the  age  of  seventeen,  Plutarch,  in 
Gracch. 

deViis  MUNiENDis,  about  paving  and  measur- 
ing the  public  roads,  making  bridges,  placing  milestones, 
and,  at  smaller  distances,  stones  to  help  travellers  to  mount 
their  horses,  ibid,  for  it  appears  the  ancient  Romans  diil  not 
use  stirrups  ;  and  there  were  wooden  horses  placed  in  the 
Campus Martius,  where  the  youth  might  be  trained  to  mount 
and  dismount  readily, /^f^f^  i.  18.  Thus  Virgil,  Corpora 
sultu  subjiciunt  in  equosy  /En.  xii.  288. 

Caius  Gracchus  first  introduced  the  custom  of  walking  or 
moving  about,  while  haranguing  the  people,  and  of  expos- 
ing the  right  arm  bare,  Dio.  Fragm.  xxxiv-  90.  which  the 
ancient  Romans,  as  the  Greeks,  used  to  keep  within  their 
robe,  iveste  continere),  Quinctil.  xi.  3.  138. 

Lex  bEMPRONl  A  defcenore,  by  a  tribune,  long  before 
die  time  of  the  Gracchi,  A.  560,  That  the  interest  of  money 
should  be  regnlaf^d  by  the  same  laws  among  the  allies  and 
Latins,  as  among  Roman  citizens.  The  cause  of  this  law 

li 


^34  ROMAN  ANTIQUITIES, 

was,  to  check  the  fraud  of  usurers,  v.^ho  lent  then*  money  in 
the  name  of  the  allies,  (in  socios  nomina  transcribehant),  at 
higher  interest  than  was  allowed  at  Rome,  Liv.  xxxv.  7. 

Ltx  SERA'ILTA  Agraria,  by  P.  Servilius  Rullus,  a 
tribune,  A.  690,  That  ten  commissioners  should  be  crea- 
ted m^h  absolute  power  for  five  years,  over  all  the  revenues 
of  the  republic  ;  to  buy  and  sell  v;hat  lands  they  thought 
fit,  at  what  price  and  from  whom  thej'^  chose,  to  distribute 
them  at  pleasure  to  the  citizens,  to  settle  new  colonies  where- 
ever  they  judged  proper,  and  particularly  in  Campania,  &c. 
But  this  law  was  prevented  from  being  passed  by  the  elo- 
quence of  Cicero  the  consul,  Cic.  in  Riill — in  Pis.  2. 

cfe-CiviTATE,  by  C-  Servilius  Glaucia,  a  prretor, 

A.  653,  That  if  any  of  the  Latin  allies  accused  a  RomaM 
senator,  and  got  him  condemned,  he  should  obtain  the  same 
place  among  the  citizens  which  the  criminal  had  held,  Cic- 
proBalb.  24. 

</^REPETUNDis,by  the  same  person,  ordaining  se- 

Yerer  penalties  than  formerly  against  extortion,  and  that  the 
defendant  should  have  a  second  hearing,  {ut  reus  comperen- 
iinaretur)^  Cic.  Verr-  i.  9-  Rabir.  Posthum-  4. 

SERVILIA  JuDiciARiA,by  Q-  Servilius  Ccepio, 

A.  647,  That  the  right  of  judging,  which  had  been  exercis- 
ed by  the  equites  alone  for  seventeen  years,  according  to  the 
Sempronian  law,  should  be  shared  between  the  senators 
and  equites^  Cic-  Brut-  43-  44.  86.  de  Orat-  ii.  S5.  Tacit. 
Annal.  xii.  60. 

Lex  SICINIA,  by  a  tribune,A.  262,  That  no  one  should 
contradict  or  interrupt  a  tribune  while  speaking  to  the  peo- 
ple, Didnys.  vii.  17. 

Lex  SI  LI  A,  by  a  tribune,  about  weights  and  measures, 
.Festusyin  Publica  pondera. 

Lex  SILVANI  et  CARBONIS,  by  two  tribunes,  A. 
664,  That  whoever  was  admitted  as  a  citizen  by  any  of  tlie 
confederate  states,  if  he  had  a  house  in  Italy  when  the  law 
was  passed,  and  gave  in  his  name  to  theprastor,  {apudpra- 
torein  profiteretiu-)^  within  sixty  days,  he  should  enjoy  all 
the  rights  of  a  Roman  citizen,  Cic.  pro  Arch.  4. 

Lex  SULPICIA  SEMPRONIA,  by  the  consuls,  A. 
449,  That  n©  ©ne  should  dedicate  a  temple  or  altar  without 


Laws  o/*  Me  Romans.  23i 

the  order  of  the  senate,  or  a  majority  of  the  tribunes,  Liv. 
ix.  46. 

Lex  SULPICIA,  by  a  consul,  A.  553,  ordering  war  to 
be  proclaimed  on  PTilipking  of  Macedon,  Liv.  xxxi.  G. 

Lege.i  SlJLVlC\iE  de  <ere  alienoy  by  the  tribune  Serv. 
Sulpicius,  A.  665,  Th;)t  no  senator  should  contract  debt 
above  2000  danarii :  That  the  exiles  uho  had  not  l)een  dl- 
lovved  a  trial,  should  be  recalled  :  That  the  Italian  allies, 
who  had  oi:)tained  the  right  of  citizens,  and  had  been  forn>ed 
into  eight  new  tribes,  should  be  distrii^uted  tlirough  the 
thirty- five  old  tribes  :  Also,  that  the  manumitted  slaves 
icives  lihtrtini)  uho  used  formerly  to  vote  only  in  the  four 
city  tribes,  might  vote  in  all  the  tribes  :  That  the  com-nand 
of  the  war  against  Mithridates  sh'nild  be  taken  from  Sy'la, 
and  given  to  Marius,  Plutarch  in  Sylla  et  Mario  ;  Liv.  E- 
pit.  77.  Ascon.  in  Cic.  Pat  ere  ii-  18. 

But  these  laws  were  soon  abrogated  by  Sylla,  who,  re- 
turning to  Rome  with  his  army  from  Campani  i,  forced  Ma- 
rius and  Sulpicius,  with  their  adherents,  to  fly  from  the  city. 
Sulpicius,  being  betrayed  by  a  slave,  wis  brought  back  and 
slain.  Sylla  rewarded  the  slave  with  his  liberty,  according 
to  promise  ;  but  im.mediately  after,  ordered  him  to  be 
thrown  from  the  Tarpeian  rock  for  betraying  his  master, 
tbid. 

Leges  SUMPTUARI^  ;  Grchia,  Fannia,  Didia,  Ltci- 
nia,  Cornelia,  .'Emilia,  Antia,  Julia. 

Leges  TABELLARIZE,  four  in  number.  See  p.  99. 

Z/e'.TTALARIA,againstplayingat  dice  at  entertainments, 
{ut  ne  legrfraudem  faciam  talcirue^  that  I  may  not  break, 
&c.)  Plaut.  Md.  Glor.  ii.  2,  9. 

Lex  TERENTIA  et  CASSIA  frumentaria.  See  Lex 
Cassia. 

Z(?;rTERENTILIA,byatribune,  A.291,  about  limit- 
ing  die  powers  of  the  consuls.  It  did  not  pass  ;  but  after 
great  contentions  gave  cause  to  the  creation  of  the  decemviri, 
Liv.  iii.  9,  10,  Sec. 

Leges  TESTAMENTARIiE,  Cornelia,  Furia,  Voco- 
nia. 

Lex  THORTA  de  vectigali'ms,  by  a  tribune,  A.  646, 
That  no  one  should  pay  any  rent  to  the  people  for  the  pub 


236  ROMAN  ANTICyjITIES. 

lie  lands  in  Italy  which  he  possessed,  {agrum  publicum  vec- 
tigali  levavit),  Cic.  Brut.  36.  It  also  contained  certain 
regulations  about  pasturage,  de  Orat,  ii*  70  But  Appi- 
an  gives  a  different  account  of  this  law,  de  Bell.  Civ-  i.  p. 
366. 

Ijex  TITIA  dequtestoribus^  by  a  tribune,  as  some  think, 
A.  448,  about  doubling  the  number  of  quaestors,  and  that 
they  should  determine  their  provinces  by  lot,  Cic.  pro  Mu- 
ren-  8. 

flfd"  MuNERiBUs,  against  receiving  money  or  pre. 

sents  for  pleading,  Auson-  Epigr.  89.  Tacit.  Annal  xi.  13^- 
where  some  read  instead  of  Cinciam,  Titiam. 

Agraria,  what  it  was  is  not  known,  Cic.  de  Orat. 

ii.  11.  de  Legg.  ii.  6.  12. 

de  Lusu,  similar  to  the  Puhlician  law. 

• fl^e  TuTORiBus,  A.  722,  the  same  with  the  Jidian 

law,  and  as  some  think,  one  and  the  same  law,  Justin-  In- 
stit.  de  A  til.  Tut. 

Lex  TREBONIA,  by  a  tribune,  A.  698,  assigning  pro- 
vinces to  the  consuls  for  live  years :  Spain  to  Pompey ;  Sy- 
ria and  the  Parthian  war  to  Crassus;  and  prolonging  Caesar's 
command  in  Gaul  for  an  equal  time,  Dio.  xxxix.  33-  Cato, 
for  opposing  this  law,  was  led  to  prison,  Liv.  Epit.  104. 
According  to  Dio,  he  was  only  dragged  from  the  assembly, 
xxxix.  34- 

de  Trie  UN  IS,  A.  305.  Liv.m.  64,65.  Seep- 144. 

JLex  TRIBUNITIA,  either  a  law  proposed  by  a  tribune, 
Cic.  in  Rtdl  ii.  8.  Liv-  iii.  56.  or  the  law  restoring  their 
power,  Cic.  Actio  prim,  in  Verr-  16' 

Lex  TRIUMPHALIS,  That  no  one  should  triumph 
who  had  not  killed  5000  of  the  enemy  in  one  battle,  Valer. 
Max-  ii.  8. 

Z/^a:TULLIA  r/f  Ambitu,  by  Cicero,  when  consul, 
A.  690,  adding  to  the  former  punishments  against  bribery 
banishment  for  ten  years,  Dio.  xxxvii.  29. — and.  That  no 
one  should  exhibit  shows  of  gladiators  for  two  years  before 
he  stood  candidate  for  an  office,  unless  that  task  was  impos- 
ed on  him  by  the  testament  of  a  friend,  Cic.  Vat.  15-  Sext. 
64.  ilf«r.32.  34,  &:c. 

(/pLegatione  libera,  limiting  the  continuance 

Qf  it  to  a  year,  Cic,  de  Legg,  iii.  8. 


Laws  of  the  Romans.  237 

Lex  VALERIA  de  provocatione.  See  p.  117. 

^e  Fo  R  M I A  N I  s ,  A.  562,  about  giving  the  people  of 

Forniiai  the  right  of  voting,  Liv.  xxxviii.  36- 

(/<?  Sulla, by  L-  Valerius  Flaccus,interrex,  A.  671, 

creaiing  Sulla  dictator,  and  ratifying  all  his  acts,  which  Ci- 
cero calls  ^he  most  unjust  of  all  laws,  Cic.  proRuU.  iii.  2.  S. 
Rose.  43.  de  Ltgg.  i.  15. 

cf'f  Qua DR ANTE,  by  L.  Valerius  Flaccus,  consul, 

A.  667,  That  debtors  "^hould  be  discharged  on  paying  one 
fourth  of  their  debts,  Pnterc.  ii.  23.    See  p.  50. 

Lex  VALERIA  HORATIA  dt  tributis  comitiis.  Sec 
p.  22.  De  tribunis,  ag'\inst  hurting  a  tribune,  Liv.  iii.  55- 

Lex  VARIA,  by  a  tribune,  A-  662,  That  inquiry  should 
be  made  about  those  by  whose  means  or  advice  the  Italian 
allies  had  taken  up  arms  against  the  Roman  p>eople,  Cic, 
Brut.  56.  89.  Tusc.  Qu^est.  ii.  24.  Faler.Max.  v-  2. 

Lex  VATINIA,(/^  PROVING  IIS.  Seep.  122' 

de  alternis  con<iiiiis  rejiciendis,  That  in  a  trial  for  ex- 
tortion, both  the  defendant  and  accuser  might  for  once  re- 
ject all  thQJudices  or  jury  ;  whereas  formerly  they  could  re- 
ject only  a  few,  whose  places  the  prastor  supplied  by  a  ne\f 
choice,  {suhortiUone^')  Cic.  in  Vat.  11. 

f/eCoLONis,  That  Cassar  should  plant  a  colony  at 

Navocomum  in  Cisalpine  Gaul,  Suet.  Jul.  28. 

Leges  DEVI,  Plotta^  Lutatia^  et  Julia. 

Lex  VIARIA,  de  viis  muniendis,  by  C  Curio,  a  tri- 
bune, A.  703,  somewhat  similar  to  the  Agrarian  law  of  Rul- 
lus,  Cic.  Fam.  viii.  6.  By  this  law  there  seems  to  have  been 
a  tax  imposed  on  carriages  and  horses,  ad  Attic,  vi.  1. 

Lex  VILLIA  ANNALIS    Sc  e  p.  105. 

Lex  VOCONIA,  de  Hereditatibus  mulierum^  by  a 
tribune,  A.  384,  That  no  one  should  make  a  woman  his 
heir,  (nequis  heredem  virgine'M  ne^ue  mulierem 
face  ret),  Cic.  Ferr-  i  42.  nor  leave  to  any  one  by  way  of 
legacy  more  than  to  his  heir  or  heirs,  c.  43.  de  Senect.  5. 
Balb.  8-  But  this  law  is  supposed  to  have  referred  chiefly  to 
those  who  were  rich,  {qui  essent  censi,  i.  e.  pecuniosi  vel 
classici,  those  of  the  first  class,  Ascon.  in  Cic  Gell.  vii*  13.) 
to  prevent  the  extinction  of  opiilent  families. 

Various  arts  were  used  to  elude  this  law-  Sometimes  one 


238  •  ROMiVN  ANTIQUITIES. 

left  his  fortune  in  trust  to  a  friend,  who  should  give  it  to  a 
daughter  or  other  female  relation  ;  but  his  friend  could  not 
be  forced  to  do  so,  unless  he  inclined,  Cic.  cle  Fin.  ii-  17. 
The  law  itself,  however,  like  many  others,  on  account  of  its 
severity,  fell  into  disuse,  GelL  xx.  1. 

These  are  almost  all  the  Roman  laws  mentioned  in  the 
classics-  Augustus,  having  become  sole  master  of  the  em- 
pire. Tacit.  Ann.  i-  2.  continued  at  first  to  enact  laws  in 
the  ancient  form,  which  were  so  many  vestiges  of  expiring 
liberty,  {vestigia  morientis  hbertatis)^  as  Tacitus  calls  them  : 
but  he  afterwards,  by  the  advice  of  Meccenas,  Dio.  lii-  gra- 
dually introduced  the  custom  of  giving  the  force  of  laws  to 
the  decrees  of  the  senate,  and  even  to  his  own  edicts.  Tacit. 
Annul,  iii.  28.  His  successors  improved  upon  this  example. 
The  ancient  manner  of  passing  laws  came  to  be  entirely 
dropped.  The  decrees  of  the  senate  indeed,  for  form's  sake, 
continued  for  a  considerable  time  to  be  published  ;  but  at 
last  these  also  were  laid  aside,  and  every  thing  was  done  ac- 
cording to  the  will  of  the  prince* 

The  emperors  ordained  laws, — 1.  By  their  answers  to  the 
applications  made  to  them  at  home  or  from  the  provinces, 
iper  RESCRIPTAcf/LIBELLOS  supplices,  epistolas, 
vel  preces.) 

2.  By  their  decrees  in  judgment  or  sentences  in 

court,  iper  DECRETA),  which  were  either  Interlocu- 
tory, i.  e.  such  as  related  to  any  incidental  point  of  law 
"which  might  occur  in  the  process  ;  or  Definitive,  i.  e. 
such  as  determined  upon  the  merits  of  the  cause  itself,  and 
the  whole  question. 

3.   By  their  occasional  ordinances,  {per  EDICTA 

i;e/C0NSTITUT10NES,)  and  by  their  instructions  {per 
MANDATA),  to  their  lieutenants  and  officers. 

These  constitutions  were  either  general^  respecting  the 
public  at  large  ;  or  special,  relating  to  one  person  onlj'',  and 
therefore  properly  called  PRIVILEGIA,  privileges,  Plin, 
Ep.  X.  56,  57-  but  in  a  sense  different  from  what  it  was 
used  in  under  the  republic-   See  p.  27. 

The  three  great  sources,  therefore,  of  Roman  jurispru- 
dence were  the  laws,  (LEGES),  properly  so  called  ;  the  de- 
crees of  the  senate,  (SENATUS  CONSULT  A)  ;  and  the 


Laws  of  the  Romans.  239 

edicts  of  the  prince,  (CONSTITUTIONES  PRINCL 
PALES).  To  these  mav  be  added  the  edicts  of  the  m;igis- 
trates.  Chiefly  die  prjEtors,  c:,llcd  JUS  IIONOUARTUM, 
(seep.  1:30.)  the  opi-.ions  of  learned  lawyers,  (AUCTORL 
TAS  !;<?/  RJ':SPONSA  PRUDKNTUM,  vtlJims  consul, 
toruni,  Cic.  pro  Munn.  \3.  Caecin.  24.)  and  custom  or 
long  usage,  CCONSUETUDO  re/MOS  MAJORUM), 
Geli.  xi.  18. 

The  titles  and  heads  of  laws,  as  the  titles  and  beginnings 
of  books,  (Ovid.  Trist.  i.  7.  Mai'tial.  iii.  2.)  used  to  be  M'rit- 
ten  with  vermilion,  (rubrica  ve!  minio)  :  Hence  RUBRIC  A 
is  put  for  the  Civil  law  ;  thus  Rubrica  vetavit^  the  laws  have 
forbidden,  Ft-rs.  v.  90.  Alii  se ad  Album  (i.  Q.jus pratori- 
urn,  qui'ipratores  edicta  sua  in  albo  proponebant),  ac  r u b  r i- 
CAS  i'l.Q'  jus'  civile) transfulerunt,Q_i\mcti\.  xii.  3.  11.  Hence 
Juven^sl,  Pcrlege  rubras  majorum  leges^  Sat.  xiv.  193. 

The  Constitutions  of  the  emperors  were  collected  by  dif- 
ferent lawyers.  The  chief  of  these  were  Gregory  and  Ner' 
?720?enes,  who  flourished  under  Constantine.  Their  collec- 
tions were  called  CODEX  GREGORIANUS  and  CO- 
DEX HERMOGENIANUS.  But  these  books  were 
composed  only  by  private  persons.  The  first  collection 
m^de  by  public  authority,  was  that  of  the  Emperor  Theo- 
dosius  the  vounerer,  published,  A.  C.  438,  and  called  CO- 
DEX THEODOSIANUS.  Butit  only  contained  the  im- 
perial constitutions  from  Constantine  to  his  own  time,  for 
litrle  m.ore  than  an  hundred  years. 

It  was  the  emperor  JUSTINIAN  who  first  reduced  the 
Roman  law  into  a  certain  order.  For  this  purpose  he  em- 
ployed the  assistance  of  the  most  eminent  lawyers  in  the 
empire,  at  the  head  of  whom  was  TRIBONIAN. 

Justinian  first  published  a  collection  of  the  imperial  con- 
stitutions, A.  529,  caUed  CODEX  JUSTINIANUS. 

Then  he  ordered  a  collection  to  be  made  of  every  thing 
that  was  useful  in  the  writings  of  the  lawyers  before  his  time, 
which  are  said  to  have  amounted  to  2000  volumes.  This 
work  was  executed  by  Tribonian  and  sixteen  associates,  in 
three  years,  although  they  had  been  allowed  ten  years  to 
finish  it.  It  was  published,  A.  533,  under  the  title  oi Digests 
or  Pandects,  (PANDECT/E  i;f/DIGESTA).  It  is  some- 
times called  in  the  singular,  tlie  Digest  or  Pandect, 


240  ROMAN  ANTIQUITIES. 

The  same  year  were  published  the  elements  or  first  prln= 
ciples  of  the  Roman  law,  composed  by  three  men,  Triboman^ 
Thf.ophilus,  and  Dorotheus^  and  called  the  Institutes^  (IN- 
STITUTA).  This  book  was  published  before  the  Pan- 
dects, although  it  was  composed  after  them. 

As  the  first  code  did  not  appear  sufficiently  complete,  and 
contained  several  things  inconsistent  with  iht PandectSy^xi- 
bonian  and  four  other  men  were  employed  to  correct  it.  A 
new  code,  therefore,  was  published  xvi.  Kal.  Dec.  534,  call- 
ed CODEX  REPETITiE  PRiELECTIONIS,  and  the 
former  code  declared  to  be  of  no  further  auth';rity.  Thus 
in  six  years  was  completed  what  is  called  CORPUS  JU- 
RIS, the  body  of  Roman  law. 

But  when  new  questions  arose,  not  contained  in  any  of 
the  above-mentioned  books,  new^  decisions  became  necessa- 
ry to  supply  what  was  wanting,  or  correct  what  was  errone- 
ous. These  were  afterwards  published  under  the  title  of  JVb- 
velsi  (NOVELLiE  sc.  cohstitt/tiones),  not  only  by  Justini- 
an, but  also  by  some  of  the  succeeding  emperors.  So  that 
the  Corpus  Juris  Romani  Civilis  is  made  up  of  these  books, 
the  Institutes,  Pandects  or  Digests,  Code,  and  Novels. 

The  Institutes  are  divided  into  four  books  ;  each  book 
into  several  titles  or  chapters  ;  and  each  title  into  paragr  iphs 
(O  of  which  the  first  is  not  numbered;  thus,  Inst.  lib.  i.  tit. 
X.  princip.  or  more  shortly,  I.  1.  10.  pr.  So,  Inst.  I.  i-  tit.  x. 
§  2.  — or,  I.  I.  10.  2. 

The  pandects  are  divided  into  fifty  books ;  each  book  into 
several  titles  ;  each  title  into  several  laws,  which  are  distin- 
guished by  numbers ;  and  sometimes  one  law  into  beginning 
Cprinc.  for  principium)  and  paragraphs  ;  thus,  D.  1.  1.5. 
i.  e.  Digest,  first  book,  first  title,  fifth  law.  If  the  law  be  di- 
vided into  paragraphs,  a  fourth  number  must  be  added; 
thus,  D.  48.  5.  13.  pr.  or  48.  5.  13.  3.  Sometimes  rhc  first 
word  of  the  law,  not  the  number,  is  cited.  The  Pandects 
are  often  marked  by  a  double^;  thus,^. 

The  Code  is  cited  in  the  same  manner  as  the  Pandects, 
by  Book,  Title,  and  Law  ;  the  Novels  by  their  number,  tiie 
chapter  of  that  number,  and  the  paragr,.!plis,  if  any ;  as,  Nov. 
115.  c.  3. 

The  Justinian  code  of  la\y  was  universally  received 


Judicial  Proceedings,  iij'c.  241 

llirough  the  Roman  world.  It  flourlshetl  in  the  east  until, 
the  taking  of  Constantinople  by  the  Turks,  A.  1453.  In  the 
west  it  was  in  a  great  measure  suppressed  by  tlic  irruption 
of  the  barbarous  nations,  till  it  was  revived  in  Italy  in  the 
12th  century  by  IRNERIUS,  who  had  studied  at  Constan- 
tinople, and  opened  a  school  at  Bologna,  under  the  auspices 
of  Frederic  I.  Emperor  of  Germany.  He  was  attended  by  an 
incredible  number  of  students  from  all  parts,  who  propogat- 
cd  the  knowledge  of  the  Roman  Civil  law  through  most 
countries  of  PJurope  ;  where  it  still  continues  to  be  of  great 
authority  in  courts  of  justice,  and  seems  to  promise,  at 
least  in  point  of  legislation,  the  fulfilment  of  the  famous  pre- 
diction of  the  ancient  Romans  concerning  the  eternity  of 
their  empire. 

JUDICIAL  PROCEEDINGS  of  the  ROMANS. 

THE  Judicial  Proceedings  (JUDICIA)  of  the  Romans 
were  either  Private  or  Public,  or,  as  we  express  it,  Cz- 
vi/ or  Criminal :  {Omnia  judicia  aut  distrahendarum  contro- 
versiarum,  aut  pumendorum  malejiciorum  causa  reperto. 
sunt)  Cic.  pro  Casein.  2. 

I.  (JUDICIA  PRIVATA),  CIVIL  TRIALS. 

JUDICIA  Privata,  or  Civil  Trials,  were  concerning  pri- 
vate causes  or  difFerennes  between  private  persons,  Cic. 
de  Oraf.  i.  38.  Top.  17-  In  these  at  first  the  kings  presided, 
Dionys-  x.  1.  then  the  consuls,  lb.  &  Liv,  ii.  27.  the  mili- 
tary tribunes  and  decemviri.  Id-  iii.  ^^-  but  after  the  year 
389,  the  Prastor  Urbanus  and  Pereg?'inus.  See  p.  128. 

The  judicial  power  of  the  Pn^tor  Urbanus  and  Peregrin 
mis  was  properly  called  JURISDICTIO,  {qua  posita  eras 
in  edicto,  et  ex  edicto  decretis  ;)  and  of  the  praetors  who  pre- 
sided at  criminal  trials,  QUiESTlO,  Cic.  Ferr.  i.  40,  41, 
46, 47,  &c.  ii,  48.  v.  14.  Muran-.  20  Flacc.  3-  Tacit-  Agric-. 

The  praetor  might  be  applied  to  (ad iri  poterat,  co- 
piAM  vel  POTESTATEM  sui  F AciEE  at) OD all  court days 
diebus  fastis  ;)  but  on  certain  days,  he  attended  only  to  pe- 
titions or  requests  <! v o s t u l  a t i o x ib  tf  r,  v  a c  a b  a  t  ; )  so  the 

Kk 


'ji'2  ROMAN  ANTIQUrriKS. 

consuls,  Fliti-  Ep.  vii.  33-  and  on  others,  to  the  examina- 
tion-of  causes,  (coGNiTit)NiBUs),  PUn,  Ep.  vii-  33. 

On  court-days  early  in  the  morning,  the  praetor  went  to 
the  Forum,  and  there  being  seated  on  his  tribunal,  ordered 
an  Accensus  to  call  out  to  the  people  around,  that  it  was  the 
third  hour  ;  and  that  whoever  had  any  cause,  {qui  LEGE 
AGERE  vellet),  might  bring  it  before  him-  But  this  tould 
only  be  done  by  a  certain  form. 

I.  VOCATIO  in  JUS,  or  Summoning  to  Court. 

F  a  person  had  a  quarrel  with  any  one,  he  first  tried  to 
make  it  up  {litem  componere  vel  dijiidicare)  in  private, 
{intra  parietesy  Cic.  pro  P.  Quinct.  5.  11.  per  disceptatores 
domesticosy  vel  opera  amicorum,  Caecin.  2.) 

If  the  matter  could  not  be  settled  in  this  manner,  Eiv.  iv- 
9.  the  plaintiff  (ACTOR  re/ PETITOR)  ordered  his  ad- 
versar}'^  to  go  with  him  before  the  prsetor,  Cin  jus  vocabat\ 
by  saying,  In  jus  voce  te  :  In  jus  eamus  :  In  jus  ve- 
Ni:SE(^UEREiiD  tribuNj^l:Injus  am  bul  a,  or  the  like, 
Ter.  Phorm.  v.  7.  43.  &  88.  If  he  refused,  the  prosecutor 
took  some  one  present  to  witness,  by  saying.  Licet  an- 
TESTARi  ?  May  I  take  you  to  witness  ?  If  the  person  con- 
sented, he  offered  the  tip  of  his  ear,  (auriculam  opponebat)^ 
which  the  prosecutor  touched,  Horat.  Sat.  i-  9.  v,  76.  Plants 
Curcul.  v.  2.  See  p.  62.  Then  the  plaintiff  might  drag  the 
defendant  (reum)  to  court  by  force  (in  jus  rapere),  in  any 
way,  even  by  the  neck,  (obtorto  colld),  Cic.  et  Plaut-  Pasn. 
iii.  5.  45.  according  to  the  law  of  the  Twelve  Tables  ;  si 
CALviTUR  ( nvoratur)  pedemvestruit, {fugit \Q\fugam 
adornat),  manum  endo  jacito,  Cirijicito)^  Festus.  But 
wordiless  persons,  as  thieves.,  robbers.,  he,  might  be  drag- 
ged before  a  judge  without  this  formality,  Plaut.  Pers-  iv-  9. 
V.  10.  . 

By  the  law  of  the  Twelve  Tables,  none  were  excused  from 
appearing  in  court ;  not  even  the  aged,  the  sickly,  and  in- 
firm. If  they  could  not  walk,  they  were  furnished  with  an 
open  carriage,  {jiimentum.,  i.  e.  plaustrum  vel  vectabulum)^ 
Cell.  XX.  1.  Cic.  de  kgg.  ii.  23.  Horat.  Sat.  i.  9.  76.  But 
afterwards  this  was  altered,  and  various  persons  were  ex- 
empted ;  as,  magi^itrates,  Liv,  xlv.  37.  those  absent  on  ac« 


Judicial  Procee tings,  ^c.  24;« 

-♦:oiint  of  the  state,  Fu!.  Maxim,  iii.  7,  9,  &.c   also  matrons, 
Id.  u.  1.  5.  boys  an:l  girls  under  yge,/).  ^A-^  mj/ZA-  vocand.  ^j^c. 

It  was  likewise  unlawful  to  force  m^y  person  to  coijrt 
from  his  o\v!i  h  )use,  h;>'a.ise  aman'shousewas  esteem;'!  his 
sanctuary,  {tutissimum  rcfup^mm  et  receptactdum).  Bat  if 
any  one  lurked  at  home  to  chide  a  prosecution,  Gz./'ra?/</2- 
tumis  causa  latitaret,  Cic.  Quint.  19)  he  was  summoned 
(^evocabatur)  ihmc  times,  with  an  interval  of  ten  days  be- 
tween each  summons,  by  the  voice  of  a  herald,  f>r  l>y  let- 
ters, or  by  the  edict  of  the  prastor  ;  and  if  he  still  did  not  ap- 
pear, {se  non  sisteret),  the  prosecutor  was  put  in  possession 
of  Iiis  effects,  (in  dona  ejus  mittebatur.)  Ibid* 

If  the  person  cited  found  security,  he  was  let  go  ;  (si  en- 
siet)  si  autem  sit^  (sc.  aliquis),  9_ui  in  jus  vocatuji 
\"iNDiciT,  [vindi  caver  it,  shall  be  surety  for  his  appear- 
ance), mitt  I  TO,  let  him  go- 

If  he  made  up  the  matter  by  the  way,  Cendo  via),  the 
process  was  dropped.  Hence  may  be  explained  the  words 
of  our  Saviour,  Mat/i-  v.  25-  Lu/'^e  xii.  58- 

II.  POSTULATIO  ACTIONIS,  Requesting  a   TFrit, 
and  giving  Bail- 

TTF  no  private  agreement  could  be  made,  both  parties  "went 
-■-  before  the  prretor.  Then  the  plaintiff  proposed  the  action 
(ACTIONEM  EDEB  AT,  vel  dicajn  scnhehat.  Cic.  Verr- 
ii.  15.)  ^\hich  he  intended  to  bring  against  the  defendant 
(quAM  in  reum  intendere  vellet).  Plant.  Per.s-  iv. 
9.  and  demanded  a  writ,  (ACTIONEM  PO.STULA-. 
BAT),  from  the  prretor  for  that  purpose-  For  there  were 
certain  forms,  (formula)  or  set  words  (verba  concep- 
ta)  necessary  to  be  used  in  every  cause,  (formula  de 
omnibus  REBUS  CONSTITUTE),  Cic  Rosc-  Com- 8-  At 
the  same  time  the  defendant  requested,  that  an  advocate 
or  lawyer  should  be  given  him  to  assist  him  with  his  coun- 
sel. 

There  were  several  actions  competent  for  the  same  thing. 
The  prosecutor  chose  whicii  he  pleased  ;  and  the  praetor 
usually  granted  it,  (Actionem  vel  Judicium  dabat  vel 
redjjebat,  Cic  pro  Casein.  3.  Qmnct.  22.  rcrr,.  ii  12. 
270  but  he  niiglit  also  refuse  it,  ibid,  et  ad  Htrenn.  ii-  13.   ' 


2U  ROMAN  ANTIQUITIES. 

Theplaintiff  having  obtained  a  writ  from  the  praitor,  of . 
fered  it  to  the  defendant,  or  dictated  to  him  the  words-  This 
writ  it  was  unlawful  to  change,  (.mutare  formulam  non  lice- 
bat),  Senec.  Ep.  117- 

The  greatest  caution  was  requisite  in  drawing  up  the  writ, 
{inactione  yalforniula  concipienda) ,  for  if  there  was  a  mis- 
take in  one  word,  the  whole  cause  was  lost,  Cic  cle  invent. li, 
19.  Herenn.  i-  2.  Quinctil.  iii.  8.  vii.  3.  17.  Qui  plus  petebaty 
gua?7i  (libitum  est^  caiisam  perdebaty  Cic.  pro  Q.  Rose,  4- 
vd formula  excidebat,  i-  e.  cau&a  cadebat,  Suet.  Chiud.  14, 
Hence  scrieere  vel  subscribere  dicam  alwui  vel 
impignerey  to  bring  an  action  tjgainst  one,  Cic.  Ferr.  ii.  15. 
Ter.  Phorm.ix,  3.  92.  or  cum  alicjuo  jvdicium  subscibe- 

RE,  Plin.    Ep.  V.    1.  El    FORMULAM     IJJTENDERE.    Suet. 

Vit.  7.  But  Dicam  vel  dicas  sortiriy  i.t.jiidices  dare  sortiti- 
oncy  qui  causam  cognoscant,  to  appoint  judices  to  judge  of 
causes,  Cic  ibid.  15.  17. 

A  person  skilled  only  in  framing  writs  and  the  like,  is  call- 
ed by  Cicero  LEGULEIUS,  prt^co  actionum,  cantor  for- 
mularumy  auceps  syllabarmn ^  Cic.  de  Orat.  i.  SS.  and  by 
Quinctilian,  F^ormularius,  xii.  3.  11. 

He  attended  on  the  advocates  to  suggest  to  them  tlie  laws 
and  forms  ;  as  those  called  Pragmatici  did  among  the 
GreekSj  ibid,  and  as  agents  do  among  us. 

Then  the  plaintiff  required,  that  the  defendant  should  give 
bail  for  his  appearance  in  court  (VADES,  qui  spoJiderent 
enm  adfuturum),  on  a  certain  day,  which  was  usually  the 
third  day  after,  (tertio  die  vel  perendie),  Cic.  pro  Quinct.  7. 
Muren.  12.  Gell-  vii.  1.  And  thus  he  was  said  VADARI 
REUM  (Vades  idea  dictiy  quody  qui  eos  dederit,  vadendi, 
id  est,  discedendi  habet  potestatemy  Festus),  Cic.  Quinct.  6. 

This  was  also  done  in  a  set  form  prescribed  by  a  lawyer, 
who  was  said  Vadimonium  concipere,  Cic.  ad Fratr. 
ii.  15. 

Thedefendantwassaid  VADES  DARE,  vel  VADIMO. 
NIUM  PROMITTERE.  If  he  did  not  fmd  bail,  he  was 
obliged  to  go  to  prison,  Plaut.  Pers.  ii-  4.  v.  18.  The  praetor 
sometimes  put  off  the  hearing  of  the  cause  to  a  more  distant 
day,  (vadimonia  differebat)^  Liv.  Epit.  86.  Juvenal,  iii.  112. 
Bu^the  parties  (LiTiG  a  TO  res)  chiefly  were  said  vadi- 


Judicial  Proceedinos,  tsV.  245 

:jonium  differe  ctim  aliquo,  to  put  ofFilic  day  of  the  tri- 
al, Cic.  Att-  ii.  7. 1'^am.  ii.  8.  Qidnrt.  14.  16.  Res  esse  in  va- 
dimonium  cccfnt^  began  to  be  litigated,  idid. 

In  tlie  nie.m  time  the  defendant  sometimes  made  up  (rem 
cojuponebat  et  transigebat,  eompromised)  tlie  matter  pri- 
vately with  the  plaintiff,  and  the  action  was  dropi)ed,  Flin.  Ep» 
V.  1.  In  which  case  the  plaintiff  was  said,  deeidisse,  velpac- 
tionenifecisse  cum  reo  ;  judicio  reum  absolvisse,  vel  liberasse 
lite  contestata  x^A  judicio  constitutor  after  the  law-suit  was 
begun  ;  and  the  defendant,  litem  redemisse  ;  after  receiving 
security  from  the  plaintiff,  {cwn  sibi  cavisset  vel  satis  ab  ac- 
tore  accepisset),  that  no  further  demands  \\'ere  to  be  made 
upon  him,  A.mplius  a  se  neminem  petiturum,  Cz'^. 
Quinct.  11.  12.  If  a  person  was  unable  or  unwilling  to  carry 
on  a  law-suit,he  was  said,NON  posse  vel  nolle  prose- 
c^ui,  vel  experiri,  sc.  jus\e\jure,  vel  jure  summo/ib .  7, 
&c. 

When  the  day  came,  if  either  party  when  cited  w^as  not 
present,withf)atavalid excusG,(sine morbo  velcausa  sontica), 
he  lost  his  cause,  Horat.  Sat.  i.  9.  v.  ^5.  If  the  defendant 
was  absent,  he  was  said  DESP:RERE  VADIMONIUM  ; 
and  the  prsetorput  the  plaintiff  in  possession  of  his  effects, 
Cic.  pro  Quinct.  6.  &  20. 

If  the  defendant  was  present,  he  was  said  VADIMONI- 
UM SISTERE  vel  obi  re.  When  cited,  he  said,  Ubi  tu 

ES,  qjJI  ME  V-'^DATUS  E  S '?  UbI  TU  ES,  qUl  ME  CITASTI? 
ECCE  ME   TIBI   SISTO  :    TU  CONTRA  ET  TE    MIHI  SISTE. 

The  plaintiff  answered.  Ad  sum,  Plant.  Curcul.  i.  3.  5. 
Then  the  defendant  said  Quid  ais?  The  plaintiff  said  AIO 

FUNDUM,  qUEM  POSSIDES,  MEUM  ESSE  ;  vel  AIO  TE  MI- 
HI DARE  facere  oportere,  or  the  like,  CVc.  il///r.  12. 
This  was  called  INTENTIO  ACTIONIS,  and  varied  ac- 
cording to  the  nature  of  the  action. 

III.  DIFFERENT  KINDS  OF  ACTIONS. 

ACTIONS  were  either  Real,  Personal,  or  Mixt. 
1.  A  real  action  (ACTIO  IN  REM),  was  for  obtaining 
a  thing  to  which  one  had  a  real  right  (jus  in  re),  but  which 
was  possessed  by  another,  (per  quam  rem  nostram,  qute  ab 
alio  poswktur^  petimus,  Ulpian.) 


24G  ROMAN  ANTIQUITIES. 

2.  A  personal  action,  (ACTIO  IN  PERSONAM),  was 
ag"inst  a  person  for  doing  or  giving  something,  which  he  was 
bound  to  do  or  give,  by  reason  r/f  a  contract,  or  of  some 
wrong  done  by  him  to  the  plaintiff. 

3.  A  mixt  action  was  both  for  a  thing,  and  for  certain  per- 
sonal prestations. 

I.  Real  Actions. 

Actions  for  a  thing,  or  real  actions^  ivere  either  CIVIL, 
arising  from  some  law,  Cic-  in  deed.  5.  de  Orat.  i.  2.  or 
PRiETORI  AN,  depending  on  the  edict  of  the  praetor. 

ACTIONES  PRiETORIiE,  were  remedies  granted  by 
the  prsetor  for  rendering  an  equitable  right  effectual,  for 
which  there  was  no  adequate  remedy  granted  by  the  statute 
or  common  law- 

A  civil  action  for  a  thing  {actio  civilis  vel  legitima  in  rem\ 
was  called  VINDICATIO  ;  and  the  person  who  raised  it, 
viNDEx.  But  this  action  could  not  be  brought  unless  it  was 
previously  ascertained  who  ought  to  be  the  possessor.  If 
th) s  was. contested,  it  was  called  Lis  vindiciarum,  Cic. 
Ferr.  i.  45.  and  the  pr^tor  determined  the  matter  by  an  in- 
terdict,  Cic-  Ccccin.  8.  14. 

If  the  question  waS  about  a  slave,  the  person  who  claim- 
ed the  possession  of  him,  laying  hands  on  the  slave,  (ma^ 
num  ei  vrjiciens)^  before  the  praetor,  said,  Hunc  Hcminum 

EX  JURE  QUIRITIUM  MEUM  ESSE  AIO,  EJUSqUE  VINDICIAS,  (i.  6.  /205- 

se$sionem\  mihi  dari  postulo.  To  which  Plautus  alludes,  Rud. 
iv-  3.  86  If  the  other  was  silent,  or  yielded  his  right,  {jure 
cedebaf),  the  pr^tor  adjudged  the  slave  to  the  person  who 
claimed  him,  {servum  addicebat  vindicanti)  ;  that  is,  he  de- 
creed to  him  the  possession,  till  it  was  determined  who 
should  be  the  proprietor  of  the  slave.  Cad  exitutnjudicii). 
But  if  the  other  person  also  claimed  possession,  {si  vmdicias 
sik  conservari  postzdaret),  then  tlie  prseror  pronounced  an 
interdict,  (interdicebat).  Qui  nec  vi,  nec  clam,  nec  puecauio  ros- 

SIDET,  EI  VINDICIAS  DABO. 

The  laying  on  of  hands  (M  ANUS  INJECTIO)  was  the 
usual  mode  of  claiming  the  property  of  any  person,  Liv,  iii. 
43.  to  which  frequent  allusion  is  made  in  tlic  classics,  Ovid. 
Epist'  Heriod.  viii.  16-  xii.  158.  Amor.  i.  4.  40.  ii.  5.  30.. 


~  Judicial  Proceedings,  ^c,  247 

Fast.  iv.  90.  Firg.  Mn.  x.  419.  Cic.  Ros.  Com,  16.  Plm. 
E],>2st.  X.  19.  In  vera  bona  rion  est  manus  injectio  ;  Animo 
non  i.otest  wj'ici  maniis^  i.  e-  vis  hiri.  Seneca. 

In  cUbpalcs  oi'tnis  kuid  (m  htibus  vhtdicnirum),  the  pre- 
suniption  always  was  in  favour  ol'the  possessor,  according 
to  tiiv.  law  olthc  Twelve  Tables,  Si  q_ui  in  jure  manum 
coNSERUNT,  i.  c.   at)u(f  judtceni  ai\cepta>it,   secundum 

£UM    qjJl   POSSIDET,  VINUICIAS   DATO,  Geii-  XX.   10. 

Ijui  in  an  action  concerning  hbtrty,  the'  praetor  always  de- 
creed possession  in  favour  of  freedom,  ivindicias  (ledit  se- 
cundum libertatem)  i  and  Appius  the  decemvir,  by  doing  the 
contrwy) decernendo  vindicias  secundum  servifutem  vel  ab li- 
bertate  in  servifutem  cont?-a  leges  vindicias  dando,  by  decree- 
ing, that  Virginia  should  be  given  up  into  the  hands  of  M, 
Claudius,  his  client,  who  claimed  her,  and  not  to  her  father, 
who  was  present)  ;  brought  destruction  onjiimself  and  his 
colleagues,  Liv.  iii.  47,  56,  58. 

Whoever  cliimed  a  slave  to  be  free,  Cvindex,  qui  in  li- 
ber tatem  vi?idJcab::t),  was  said,  eum  liberah  causa 
MANU  asserere,  Tercut.  Adelph.  ii.  1.  39.  Plant.  Poen, 
V.  2.  but  if  he  claimed  a  free  person  to  be  a  slave,  he  was 
said.  IN  sEiiviTUTEM  asserere;  and  hence  was  called 
ASSKRTOR,  Liv.  iii.  44.  Hence,  IL'Sc  (sc.  prcesentia 
gaiidm)  utraque  manu,  comnlexuque  assere  toto,  Martial.  1. 
16,  9.  AssERO,  for  affinno,  or  assevero,  is  used  only  by  la- 
ter writers. 

The  expression  iNI ANUM  CONSERERE,  to  fight  hand 
to  hand,  is  taken  from  M'ar,  of  which  the  conflict  between  the 
two  purties  was  a  representation.  Hence  Vindicia,  i.  e. 
injectio  vel  correptio  nanus  in  reprasenti,  w^as  called  vis  ci- 
vihs  etfesfucaria,  Gell.  xx-  10.  The  two  parties  are  said  to 
have  crossed  two  rods,  (festucas  inter  se  commisisse),  before 
the  prastor  as  if  in  fighting,  and  the  vanquished  party  to  have 
given  up  his  rod  to  his  antagonist.  Whence  some  conjecture, 
that  the  first  Romans  determined  their  disputes  with  the 
point  of  their  swords. 

'  Others  think  that  vindicia  was  a  rod,  (virgula  \t\/estuca), 
which  the  tAvo  parties  {litigantes  vel  disceptantes)  broke  in 
their  fray  or  mock  fight  before  the  praetor,  (as  a  straw  istipula) 
used  anciently  to  be  broken  in  making  stipulations,  Tsid.  v. 


248  ROMAN  ANTIQUITIES. 

24.)  the  cdnsequence  of  which  was,  that  one  of  the  parties 
might  say,  that  he  had  been  ousted  or  deprived  of  pc  So,tr.sion 
fpossessione  dejectus)  by  the  other,  and  therefore  claim  to 
be  restored  by  a  decree  (in  t  e  r  dig  t  o)  of  the  praetor. 

If  the  question  was  about  a  farm,  a  house,  or  the  hke,  the 
praetor  anciently  went  with  the  parties  {cum  Utigantibus)  to 
the  place,  and  gave  possession  {vindicias  dabaf)  to  which  of 
them  he  thought  proper.  Bat  from  the  increase  of  business 
this  soon  became  impracticable  :  and  then  the  p  irties  called 
one  another  from  court  (ex  jure)  to  the  spot,  iin  locum  vel 
rem  prcesentem)^  to  a  farm,  for  instance,  and  brought  from 
thence  ^^tux^iglebatn),  which  was  also  called  VINDICIiEj 
Festus^  and  contested  about  it  as  about  the  whole  farm.  It 
was  delivered  to  the  person  to  whom  the  pr^tor  adjudged 
the  possession,  Gell.  xx.  10. 

But  this  custom  also  was  dropped  :  and  the  lawyers  de- 
vised a  new  form  of  process  in  suing  for  possession,  which 
Cicero  pleasantly  ridicules,  pro  Munsn,  12.  The  plaintiff 
(petitor)  thus  addressed  the  defendant,  ez^^jZ/w^epc^e/^a^wr)  ; 
Fundus  qui  est  in  agro,  qui  Sabinus  vocatur,  eum  ego  ex  ju- 
re qUIKITIUM    MEUM    ESSE    AIO,  INDE  EGO  TE  EX   JURE  MANU  CON- 

SERTUMCto  contend  according  to  ldw)vo  CO.  If  the  defendant 
yielded,  the  praetor  adjudged  possession  to  the  plaintiff.  If  not, 
the  defendant  thus  answered  the  plaintiff,  Unde  tu  me  ex  ju- 
re manum  conserium  vocASTi,  Inde  iBi  EGO  TE  REVOco.  Then 
the  praetor  repeated  h'.s  set  forrri,  {carmen  compositumJ,  U- 

TRISqUE,    SUPERSTITIBUS    PRESE  NTIBUS,    1.   C.    tcstibus 

pr^sentihus,  Tbefore  witnesses),  ist am  viam  dico.  Inite 
VI A  M .  Immediately  they  both  set  out,  as  if  to  go  to  the  farm, 
to  fetch  a  turf,  accompanied  by  a  lawyer  to  direct  them,  iqui 
ire  viam  doceret).  Then  the  praetor  said,  R"edite  viam; 
upon  which  they  rei«rned.  If  it  appeared  that  one  of  the  par- 
ties had  been  dispossessed  by  the  other  through  force,  the 
prsetor  thus  decreed,  Unde  tu  illum  dejecisti,  cum  nec  vi,  nec 

CLAM,  NEC   PRjECARIO   POSSIDSRET,  KG  ILLU M  RES TITUAS  JUBEO.     If 

not  he  thus  decreed.  Uti  nunc  possidetis,  Sec  ita  possideatis. 

iVlM  FIERI  VETO. 

The  possessor  being  thus  ascertained,  then  the  action  a-' 
bout  the  right  of  property  (dejiire  dominii)  commenced. 
The  person  ousted  ':<r  outed  {possessione  excliisus  vel  de- 
jectus, Cic.  pro  Caecin- 19-)  first  asked  the  defendant  if  he 


Judicial  Proceedings,  ^c,  24,9 

was  the  lawful  possessor,  (Qua  N  DO  ego  te  in  jure  con-- 

SPICIO,    POSTULO   AN     SIES  AUCTOR  '?  l.  C.  pOSSCSSOr^  Utldc 

meum  jus  r^fiettrf  f'O.sxim,  Cic.  pro  Creciii.  19.  etProb.  in 
Not.)  Then  he  claimed  his  right,  and  in  the  mean  time  re- 
quired that  the  possessor  should  give  security  (sat isda- 
ret),  nottodoany  damage  to  the  subject  in  question,  (.ye  nihil 
deteriiis  in  posse.ssione  facturuni)^  by  cutting  down  trees,  or 
demolishing  buildings,  &c.  in  which  c"se  the  plaintiff  was 
said,  PER  pr-Edes,  v.  -em^  vel  Pro  prtsde  litis  vindi- 
ciARUM  satis  accipere,  Cic.  Fe7'r.\.  AS.  If  the  defend- 
ant did  not  give  security,  the  possession  was  transferred  to 
tlie  plaintift',  provided  he  gave  security- 

A  sum  of  money  also  used  to  be  deposited  by  both  parties, 
called  SACK  AMENTUM,  which  fell  to  the  gaining  party 
after  the  cause  was  determined,  Festus  ;  Farro  de  Lat.  ling, 
XV.  36-  or  a  stipulation  was  made  about  the  payment  of  a  cer- 
tain sum,  called  SPONSIO.    The  plaintiff  said,  Quando 

NEGAS  HUNC   FUNDUM  ESSE  MEUM,  SACRAMENTO  TE    QUINQUAGENA- 

Rio  PROVOCO.  Spondesne  quingentos,  sc.  nummos  vel  asses,  sjt 
meus  EST  ?  i.  e.  .y?'  meum  esse prohavero.  The  defendant 
said,  Spondeo  c^uingentos,  si  tuus  sit.  Then  the  de- 
fendant required  a  correspondent  stipulation  from  the  plains- 
tiff,  irestipulabatur),  thus,  Et  tu  spondesne  quiNGEN- 
Tos,  Ni  tuus  sit  ?  i.  e-  si  probavero  tuum  non  esse.  Then 
the  plaintiff  said,  Spondeo,  ni  meus  sit.  Either  party 
lost  his  cause,  if  he  refused  to  give  this  promise,  or  to  de- 
posit the  money  required- 

Festus  says  this  money  was  called  SACRAMENT UM, 
because  it  used  to  be  expended  on  sacred  rites  ;  but  others, 
because  it  served  as  an  oath,  (quod  instar  sacramenti  \^\ju^ 
risjurandi  esset),  to  convince  the  judges  tliat  the  lawsuit  was 
not  undertaken  v^ithout  cause,  and  thus  checked  wanton  li- 
tigation. Hence  it  was  called  Pignus  sponsionis,  {qina 
violare  quod  quisque  promittit  perjidi(S  est)^  Isidor.  Orig.  v. 
24.  And  hence  Fignore  contendere,  et  sacramentOy  is  the 
same,  Cic.  Fam.  vii.  32.  de  Orat.  i- 10. 

Sacramentum  is  sometimes  put  for  the  suit  or  cause  itself, 
ipro  ipsa  petitione),  Cic.  pro  Ccccin-  33-  sacramentum  in  li- 
bertatemy  i.  e.  causa  et  vindiciis  libertatisy  the  claim  of  liber- 
ty, pro  Dom.  29.  Mil.  27.  de  Orat.  i-  10.    So  SPONSIQ- 

L  1 


250  ROMAN  ANTIQUITIESo 

NEM  FACERE,  to  raise  a  law-suit,  Cic.Qiant.  8.  26.Fefr, 
in.  62.  Casein.  8.  16.  Bosc.  Coin.  4.  5.  Of.  iii.  19.  S;6n^- 
one  lacessere^  Ver.  iii-  57-  certare,  Ceecin.  32.  vincere^ 
Qainct.  27.  and  also  vincere  sponsionem,  Ceecin-  31-  or  judi- 
cium., to  prevail  in  the  cause,  F<'r.  i.  53.  condemnari  sponsi- 
omsy  to  lose  the  c-mse,  C^cin.  31.  sponsiones^  i.e.  caunfs^  pro- 
hihit.rjiidicari,  causes  not  alio  wed  to  be  tried,  Ctc.  Verr.  iii. 
Q>2. 

Tlie  plaintiiFvvas  said  sacrmnento  vel  sponsione  provocare^ 
rogare  qu^rere.,  et  stipulari.  The  defendant  contendere  ex 
provocatione  vel  sacramento^  et  restipulari^  Cic.  pro  Rose. 
Com.  13.  Valer.  Max.  ii.  8-  2.  Festiis ;  Varr.de  Lat.  ling, 
iv-  36. 

Tlie  same  form  was  used  in  claiming  an  inheritance,  (in 
ii.ereditaTis  petitione),  in  claiming  servitudes,  &c. 
But  in  the  last,  the  action  might  be  expressed  both  affirma-- 
tively  and  negatively,  thus,  aid,  jus  £sse  vel  non  esse. 
Hence  it  was  called  Actio  confessoria  et  negatoria. 

2.  Personal  Actions, 

Personal  actions, called  alsoCONDICTIONES,  were 
very  numerous-  They  arose  from  some  contract,  or  injury 
done ;  and  required  that  a  person  should  do  or  give  certain 
things,  or  suffer  a  certain  punishment. 

Actions  from  contracts  or  obligations  were  about  buying 
and  selling,(^/<?  emptione  et  venditione);  about  letting  and  hir- 
ing, Cde  locatione  et  conductione :  locabatur  vel  domuss  vel 
fundus  y  \t\  op  us  faciendum  y  velvectigal;  jEdium  conductor 
In  q^u  I  l  I  n  us  fundi  c  o  l  o  n  u  s,  operis  redemptor,  vectiga- 
/isPUBLicANus  vel  M  A  N  c  e  PS  dicebatur) :  about  a  commis- 
sion, (de  mandato);  partnership,  {de  societate);  a  deposit,  {de 
deposito  apud  sequestrem);  a  loan,  {de  commodatoxel  mutuo)., 
proprie  c  o m  m o  d  a  m  us  vestes,  libros^  vasa,  equos,  et  similiat 
qui?  eadem  redduntur :  mutuo  autem  damus  ea^pro  qui- 
bus  alia  redduntur  ejusdem  generis^  ut  nunimos.frumentumf 
vinum^  oleum,  etfere  ccetera^  quce  pondere,  numero  vel  men- 
sura  dari  solent);  a  paAvn  or  pledge,  {de  hypotheca  velpigno- 
rej;  a  wife's  fortune,  (de  dote  vel  re  iixoriaJ;  a  stipulation, 
(de  stipulationej,  which  took  place  almost  in  all  bargains, 
and  was  made  in  this  form  ;An  spondes?Spondeo; 


JirDiciAL  Proceedings,  £>V.  251 

An  DABis  ?  DABo:  An  promittis?  promitto,  velrc, 
promHtOy  ^c.  Piaut.  Pseud,  iv.  6.  Bacchitl.  iv.  8. 

When  the  seller  set  a  price  on  a  thing,  lie  was  said  indi- 
CARE  ;  thus  In  DIG  A,  TAG  PRETiuM,  Plaut.  Pcrs.  iv.  4, 
37.  and  the  buyer,  when  he  offend  a  price,  hceb  i,  i.  e.  ro- 
r^ore  quo  pretio  licerct  auftrrc^  Pl.iur.  Stich-  i.  3.  G8.  Cic, 
Verr  iii.  33.  At  an  auction,  the  person  who  bade,  (LI CI- 
TATO R),  held  up  his  fore  rinB,er,  {vulcx)  ;  hence  di^ito  li- 
ceri,  Cic.  ib.  11.  The  buyer  asked,  Quanti  licet  ?  sc. 
iuibere  vel  auft-rre  The  seller  answered,  Decern  nummis  li- 
cet; or  the  like,  Plaut.  Epid.  iii.  4.  '35.  Thus  some  explain, 
De  Drusi  hortis,  quanti  /icuissey  (sc.  eas  cmere),  tu  scribiSi 
audwram  :  scd  quanti  quanti,  bene  emitur  quod  necesse  est, 
Cic.  Alt.  xii.  23.  But  most  here  take  Ircere'm  a  passive  sense, 
to  be  valued  ov appraised:  quanti  quanti,  sc.  licent,  at  what- 
ever price  ;  as  Mart,  vi-  66.  4.  So  Fenibunt  quiqui  licebunt 
(whoever  shall  be  appraised  or  exposed  to  sale,  shall  be  sold), 
pra.senti  pecunia^  for  ready  money,  Plaut-  Menjech.  v.  9. 
97.  Unius  assis  non  unquam  pretio  pluris  licuisse,  Hotante 
judice  quo  nosti  populo,  was  never  reckoned  worth  more 
than  the  value  of  one  as,  in  the  estimation  of  the  people,  &,c. 
Horat.  Sat.  i.  6.  13. 

In  verbal  bargains  or  stipulations,  there  were  certain  iixt 

forms,    (sTiPlfLATIONUM     FORMULA,     ClC.  dc  Icg^^.  \.     4, 

vel  spoNSiONUM,,  Id.  Rose.  Com.  4.)  usually  6bserved  be- 
tween the  t'vo  ])arties.  The  person  who  rtqnired  the  pro. 
mise  or  obligation,  (STIPULATOR,  sibi  quipromitticu-^ 
rabat,  v.  sponsionem  exigebat)  asked  irogabat  v.  interroga- 
bat)  him  uho  was  to  give  the  obhgation  (PROMISSOR 
vel  REPROMisscr,  Plaut.  Asm.  ii.  4.  43.  Psmid.  i.  1.  112. 
for  both  words  are  put  f'>r  the  same  thing,  Plaut.  Cure.  v. 
2.  68.  V.  3,  31.  Cic.  Rose.  Com.  13.)  before  witnesses, 
Plaut.  ib.  3o.  Cic.  Rose.  Com.  4.  if  he  would  do  or  give  a 
certain  thing  ;  and  the  other  always  answered  in  corrP'^pon- 
dent  words  :  thus,  An  dabis?  Dabo  vel  Dabitur, 
Plaut.  Pseud,  i.  1,  115.  iv.  6.  15.  Race/?,  iv.  8.  41.  An 
spoNDEs?  Spondeo,  Id.  Cure.  V-  2.  74.  Any  materia! 
change  or  addition  in  the  answer  rendered  it  of  no  cfF*  ct, «)  5. 
Jnst.  de  inutil.  Stip.  Plaut.  irin.  v.  2-  34,  6c  39.  The  per.^ 
§on  who  required  the  promise,  was  said  to  be  reus  stj- 


252  ROMAN  ANTIQUITIES. 

PULANDi ;  he  who  gave  it,  reus  promittendi,  Digest, 
Sometimes  an  oath  was  interposed,  Plant.  Rud.  v-  2.  47. 
and  for  the  sake  of  greater  security,  (wf  pacta  et  conventa 
Jirmiora  essent),  there  was  a  second  person,  who  requir- 
ed the  promise  or  obHgation  to  be  repeated  to  him, 
therefore  called  Astipulator,  Cic.  Quint  18.  Pis>  9. 
{qui  arrogabat)^  Plaut.  Rud.  v.  2.  45.  and  another  who  join- 
ed in  giving  it,  Adpromissor,  Festus  ;  Cid.  Att-  v.  1 
Rose.  Amer.  9.  Fide  jussor  vel  Sponsor,  a  surety,  who 
said,  Et  ego  spondeo  idem  hoc,  or  the  like,  Plaut. 
Trin.  v.  2.  39.  Hence  Astipulari  irato  consult,  to  humour 
or  assist,  Liv.  xxxix-  5.  The  person  who  promised,  in  his 
turn  usually  asked  a  correspoadent  obligation,  which  was 
called  RESTiPULATio  ;  both  acts  were  called  Sponsio. 

Nothing  of  importance  was  transacted  among  the  Romans 
without  the  ?'ogatio,  or  asking  a  question,  and  a  correspon- 
dent answer,  (congrua  responsio)  :  Hence  Interrogatio 
forSriPULATio,  Senec.Benef.  iii.  16.  Thus  also  laws  were 
passed:  the  magistrate  asked,  rogabat  :  and  the  people 
answered  uti  rogas,  sc.volumus.  Seep.  97,  100- 

The  form  of  M a n ci p  a t i o,  or  Mancipium, per  as  et  li- 
hram,  was  sometimes  added  to  the  Stipulatio,  Cic.  legg, 
ii.20,  ^  21. 

A  stipulation  could  only  take  place  betv.'een  those  who 
were  present.  But  if  it  was  expressed  in  a  writing,  {si  in  m- 
strumento  scrip  turn  €sset)yS\m^\y  that  a  person  had  promis- 
ed,  it  was  supposed  that  every  thing  requisite  in  a  stipula- 
tion had  been  observed,  Inst.  iii.  20,  17.  Paull.  Recept, 
Sent.  v.  7.  2. 

In  buying  and  selling,  in  giving  or  taking  a  lease,  {in  loea- 
tione  vel  conductione),  or  the  like,  the  bargain  was  finished 
by  the  simple  consent  of  the  parties  :  hence  these  contracts 
were  called  CONSENSU  ALES.  He  who  gave  a  wrong 
account  of  a  thing  to  Idc  disposed  of,  v/as  bound  to  make  up 
the  damage,  Cic.  Off.  iii.  16.  An  earnest  penny  Tar r ha, 
V.  arrhabo},  was  sometimes  given,  not  to  confirm,  but 
to  prove  the  obligation,  Inst,  iii.  23. —  pr.  Varr.  L.  L.  iv. 
36.  But  in  all  important  contracts,  l3onds  (SYNGRA- 
PH-^)  formerly  written  out,  signed,  and  sealed,  were  mu- 
tually exchanged  betweq;i  the  parties.  Thus  Augustus  and 


Judicial  Proceedings,  Cp*c.  253 

Antony  ratified  their  agreement  about  the  partition  of  the 
R(^man  provinces,  after  the  overthrow  of  Brutus  and  Cas- 
sius  at  Piiillippi,  by  givingand  taking  reciprocally  written  ob- 
ligations, (y^xLLViXTciec^  syngrnphit)  :  Dio.  xlviii.  2,  cc  1 1.  A 
difference  having  afterwards  arisen  between  Ccesar,  and 
Fulvia,  the  wife  of  Antony,and  Lucius  his  brother,  who  ma- 
naged the  aff.)irs  of  Antony  in  Italy,  an  appeal  was  made  by 
Cajsar  to  the  disbanded  veterans  ;  who  having  assembled 
in  the  capitol,  constituted  themselves  judges  in  the  cause, 
and  appointed  a  day  for  determining  it  at  Gabii.  Augustus 
appe:ired  in  his  defence  ;  but  Fulvia  and  L.  Antonius,  hav- 
ing failed  to  come,  although  they  had  promised,  were  con- 
demned in  their  absence  ;  and,  in  confirmation  of  the  sen- 
tence, war  was  declared  against  them,  which  terminated  in 
their  defeat,  and  finally  in  the  destruction  of  Antonj'',  Dio. 
xlvii.  12.  &c.  In  like  manner  the  articles  of  agreement  be- 
tween Augustus,  Antony,  and  Sex.  Pompeius,  were  written 
out  in  the  form  of  a  contract,  and  committed  to  the  cliarge 
of  the  vestal  virgins,  Dio-  xlviii.  37.  They  were  farther  con- 
firmed by  the  parties  joining  their  right  hands,  and  embrac- 
ing one  another,  lb.  But  Augustus,  says  Dio,  no  longer 
observed  this  agreement,  than  till  he  found  a  pretext  for 
violating  it,  Dio.  xlviii.  45. 

When  one  sued  another  upon  a  written  obligation,  he  was 
said,  agere  cum  eo  ex  Singrapha,  Cic.  Mur.  17. 

Actions  concerning  bargains  or  obligations  are  usually 
named,  ACTIONES,  empti,  venrliti,  locati,  vel  ex  locato^ 
conducfi,  vel  ex  conductor  mandati,  &.c.  They  were  brought 
(intendebantur),  in  this  manner  :  The  plaintiff  said,  AIO 

TE  MIHI  MUTUI  COJIMOD ATI,  DEPOSITI  NOMINE,  DARE 
CENTUM  OPOR  ERE  ;    AIO  TE  MIHI  EX  STIPULATU,  LO- 

CATO,  DARE  FACERE  OPORTERE.  The  defendant  either 
denied  the  charge,  or  made  exceptions  to  it,  or  defences 
(Actoris  intentionem  aut  negahat  vel  injiciahatiir^  aut  ex- 
ceptione  elidebat),i]\2X  is,  he  admitted  part  of  the  charge,  but 
not  the  whole;  thusNEGO  me  tibi  ex  stipulato  cen- 
tum DARE  OPORTERE,  NISI  OUOD  METU,  DOLO,  ERRO- 
RE   ADDUCTUS   SPOPONDI,  t^e/    NISI     (^UOD    MINOR  XXV, 

ANNis  spopoNDi.  Then  followed  the  SPONSIO,  if  the 
defendant  denied,  ni  dare  pacere  debeat;  and  the 


254  ROMAN  ANTIQUITIES. 

RESTIPULATIO,  si  dare  pacere  DEBEAt.  But  if 
he  excepted,  the  sponsto  was,  ni  dolo  adductus  spo- 
poNDERiT  ;  and  the  restipulatio  si  dolo  adductus  spo- 
PONDERIT.  To  this  Cicu'o  alludes,  de  Invent,  ii.  19.  Fin* 
2.  7-  Att.  vi.  1. 
An  exception  was  expressed  by  these  words,  si  non,  ac 

31  NON,  AUT,  SI,  AUT  NISI,  NISI  qUOD,  EXTRA  Q^UAM  SI. 

It  the  plaintiiFansvvered  the  defendant's  exception,  it  was 
caliedREPLICATIO  ;  and  if  the  defendant  answered  him, 
it  was  called DUPLiCATIO.  It  sometimes  proceeded  to  a 
TRIPLiCATlO  and  QUADRUPLICA no.  The  ex- 
ceptions and  replies  used  to  be  hicluded  in  the  Sponsio, 
Liv.  xxxix.  43.  Cic.  Verr.  i.  45.  iii.  57,  59.  Cacin.  16.  FaL 
Max.  ii.  8,  2. 

When  the  contract  was  not  marked  by  a  particular  name, 
the  action  was  called  ACTIO  PRiEscRiPTis  verbis,  ac^io 
incerta  vel  incerti;  and  the  writ  {formula')  was  not  compos, 
ed  by  the  pvastor,  but  the  words  were  prescribed  by  a  law- 
yer, VaL  Max.  viii.  2,  2- 

Actions  were  sometimes  brought  against  a  person  on  ac- 
count of  the  contracts  of  others,  and  were  cdM^^d^Adjectiti^ 
qualititas. 

As  the  Romans  esteemed  trade  and  merchandize  dishon- 
ourable, especially  if  not  extensive,  Cic.  Off.  i.  42,  instead 
of  keeping  shops  themselves,  they  employed  slaves,  freed- 
men,  or  hirelings,  to  trade  on  their  account,  {negotiatiojiibus 
pn^ficiebant)  who  were  called  INSTITORES,  {quod  ne- 
gotio  gerendo  instabant)  ;  and  actions  brought  against  the 
trader  {in  negotiatoi'em)  or  against  the  employer  {in  do?ni- 
num J,  on  account  of  the  trader's  transactions,  were  called 
ACTIONES  INSTITORl/E. 

In  like  manner,  a  person  who  sent  a  ship  to  sea  at  his  own 
risk,  {suo  periculo  navem  man  immitebatj)  and  received  all 
the  profits,  {ad  quern  omnes  obventiones  et  reditus  navisper- 
Vfinirent)^  whether  he  was  the  proprietor  (dominus)  of  the 
ship,  or  hired  it  {navem  per  aversionem  conduxisset)^  whe- 
ther he  commanded  the  ship  himself,  sive  ipse  NAVIS 
M AGISTER  esset,)  or  employed  a  slave  or  any  other  per- 
son for  that  purpose  (navi  pnejiceret)^  was  called  navis 
ISXERCITOR ;  and  an  action  lay  against  him  {in  eutn 


Judicial  Proceedings,  ^c.  255 

competehnt,  erat,  vcl  dabatur),  for  the  contracts  made  by 
the  nvisrcr  of  th.-  s'lip,  as  well  as  by  himself,  calltcl  ACTIO 
P:XKKClTORiA. 

An  a.:tion  lay  against  a  father  or  master  of  a  family,  for 
the  ro:^tr  tcts  made  bv  his  son  or  slave,  called  actio  DE  PE- 
CUl  lO,  or  actio  DE  IN  REiMVl'.RSO,  if  the  contract  of 
the  sl.ivc  luul  turned  to  his  m  'Ster's  profit;  or  actio  JUS- 
SU.  if  the  contract  had  been  made  by  the  master's  order. 

But  the  father  or  master  was  bound  to  mike  restituMon, 
not  to  the  entire  amount  of  the  contract,  {mm  in  solidum)^ 
but  to  the  extent  of  the pecu/ium^  and  the  profit  which  he 
had  received. 

If  the  master  did  not  justly  distribute  the  goods  of  the 
slave  among  his  creditors,  an  action  lay  against  him,  called 
acHo  TRIBUTORIA. 

An  action  also  lay  against  a  person  in  certain  cases,  where 
the  contract  was  not  expressed,  but  presumed  by  kivv,  and 
therefore  called  obligatiG  QUASI  EX  CONTRACTU;  as 
when  one,  without  any  commission,  managed  the  business 
of  a  person  in  his  absence,  or  without  his  knowledge  ; 
hence  he  was  called  NEGOTIORUM  GESTOR,  or  vo- 

LUNTARIL-S    AMICUS,    Cic.     C^CIJI,    5.  Vcl  PROCURATOR, 

Ctc,  Brut.  4. 

3.  Penal  Actions. 

Actions  for  a  private  v^Tong  were  of  four  kinds  :  EX 
FURTO,  RAPINA,  DAMNO,  INJURIA  ;  for  theft, 
robbery,  damage,  and  personal  injury- 

1.  The  different  puuishraentsof  thefts  were  borrowed  from 
tlie  Athenians.  By  the  laws  of  the  Twelve  Tables,  a  thief 
in  the  ni8:ht-time  might  be  put  to  death:  Si  nox  inoctu) 
FunxuM.^AXiT,  SIM  (si   eum)    ALiquiS  occisiT  (Occident)   jure 

c^^us  ESTO  ;  and  also  in  the  day  time,  if  he  defended  him- 
seU'with  a  weapon  :  Si  luci  furtum  faxit,  sim  aliquis  evdo 

(vO  IPSO  FURTO  CAPSIT  (ccperit)^  VEUBERATOR,  ILLIC{UE,  CUt 
Fl/RTUM    FACTaM   ESCIT    {cvit)    ADDICITOR,     GcU.  XI,    uU.    but    UOt 

wi':hout"hdving  first  called  out  for  assistance,  {sed  nan  nisi 
iSi  Qui  interemturus  erat^  quiRiTAUKx,  i.e.  c/amarcr  quirites, 

VOSTKAM     riDEM,    SC.  iinploro^  vel    POHKO  qUIRIXF.S. 

Tilt  punishment  of  slaves  was  more  severe.    They  were 


256  ROMAN  ANTIQUITIES. 

scourged  and  thrown  from  the  Tarpeian  rock.  Slaves  were 
so  addicted  to  this  crime,  that  they  were  anciently  called 
FUREs;  hence,  Firg.  EccL  iii.  16.  Q^uid  do'mini  faciant, 
audent  cum  talia  fures  !  so  Horat.  Ep.  i.  6-  46.   and  theft, 

SERVILE   PROBRUM,    TaCt.  Hl&t.'v  A>^» 

But  afterwards  these  punishments  were  mitigated  by 
various  laws,  and  by  the  edicts  of  the  prcetors.  One 
caught  in  manifest  theft  (\\\  FURTO  MANIFESTO), 
was  obliged  to  restore  fourfold,  {quadruplum)^  besides  the 
thing  stolen  ;  for  the  recovery  of  which  there  was  a  real  ac- 
tion (vindicatio)  against  the  possessor,  whoever  he  was. 

If  a  person  was  not  caught  in  the  act,  but  so  evidently 
guilty  that  he  could  not  deny  it,  he  was  called  Fur  NEC 
MANIFESTUS,  and  was  punished  by  restoring  double, 
GelL  xi,  18- 

When  a  thing  stolen  was,  after  much  search,  found  in 
the  possession  of  any  one,  it  was  called  Fur  tum  concep- 
TUM,  (see  p.  204.)  and  by  the  law  of  the  Twelve  Tables 
was  punished  as  manifest  theft,  GelL  Ibid ;  Inst,  iv.  1.  4. 
but  afterwards,  2Lsfurtum  nee  manifestum. 

If  a  thief,  to  avoid  detection,  offered  things  stolen  Cre^/wr- 
tivas  wtXfurto  ablatas)  to  any  one  to  keep,  and  tbey  were  found 
in  his  possession,  he  had  an  action,  called  Actio  furti  ob- 
i  ATI,  against  the  person  who  gave  him  the  things,  whether 
it  was  the  thief  or  another,  for  the  tripple  of  their  value. 
ibid. 

If  any  one  hindered  a  person  to  search  for  stolen  things, 
or  did  riot  exhibit  them  when  found,  actions  were  granted 
by  the  praetor  against  him,  coWtd.  Actiones  furti  prohibi- 
TieifNON  EXHiBiTu;  in  the  last  for  double,  Plant.  Ptcn. 
iii.l-  z;.  61.  What  the  penalty  was  in  the  first,  is  uncer- 
tain. But  in  whatever  manner  theft  was  punished,  it  was  al- 
tV'ays  attended  with  infamy. 

2.  Robbery  (RAPINA)  took  place  only  in  moveable 
tilings,  {in  rebus  mobilibus).  Immoveable  things  were  said 
to  be  invaded :  and  the  possession  of  them  was  recovered 
by  an  interdict  of  the  praetor. 

Although  the  crime  of  robbery  {crimen  raptus),  was  much 
more  pernicious  than  that  of  theft,  it  was,  however,  less  se- 
verely punished. 


Judicial  Proceedingg,  ^j^c.  257 

An  action  {actio  \i  bono  rum  raptorum)  was  granted 
by  tlic  prjctor  against  the  robber  (in  raptorem)^  only  for 
fourfold,  including  what  he  had  robbed.  And  there  was  no 
difference  w  hether  the  rol)ber  \vas  a  freeman  or  a  slave  ;  on- 
ly the  proprietor  of  the  slave  was  obliged,  either  to  give  him 
up,  {eum  noxce  dedtre)^  or  pay  the  damage  {damnum  prasta- 
re). 

3.  If  any  one  slew  the  slave  or  beast  of  another,  it  was  call- 
ed DAMNUM  INJURIA  DATUM,  i.  e.  dob  vel  culpa 
7iocefJtis  admissum,  whence  actio  vel  judicium  damni 
IN  JUKI  a,  sc.  dati ;  Cic.  Rose.  Com.  11.  whereby  he  was 
obliged  to  repair  the  damage  by  the  AqiiUlian  law.     Qui 

SERVUM  SERVAMVE,  ALIENUM  ALIENAMVE,  qUAUKUPEDEM  t;*?^  PECU- 
DEM  INJURIA    OCCIDERIT,  qUANTI     ID    IN     EO  ANXO  PLURIMI    FUITj 

(whatever  its  highest  value  was  for  that  year),  tantum  mz 
DARE  domino  damnas  esto.  By  the  samc  law,  thcrc 
was  an  action  against  a  person  for  hurting  any  thing  that  be- 
longed to  another,  and  also  for  corrupting  another  man's 
slave,  for  double,  if  he  denied,  (adversus  inficiantem 
IN  dUplum),  /.  1.  princ.  D.  de  serv.  corr.  There  was  o;i 
account  of  the  same  crime,  a  pr^torian  action  for  double 
even  against  a  person  who  confessed,  /.  5.  )  2.  ibid. 

4.  Personal  injuries  or  affronts  (INJURIiE)  respected 

either  the  body,  the  dignity,  or  character  of  individuals. 

They  were  variously  punished  at  different  periods  of  the  re- 
public. 

By  the  Twelve  Tables,  smaller  injuries  {injuries  leviores) 
were  punished  ^vith  a  fine  of  twenty. five  asses  or  pounds  of 
brass. 

But  if  the  injury  was  more  atrocious  ;  as,  for  instance, 
if  any  one  deprived  another  of  the  use  of  a  limb,  (si  mem- 
BRUW  RUPsiT,  i.  e.  ruperit)^  he  was  punished  by  retalia- 
tion, (?c/zo«(?),  if  the  person  injured  would  not  accept  of 
any  other  satisfiiction,  (see  p-  198.)  if  he  only  dislocated  oi- 
broke  a  bone,  q_ui  os  ex  genitali  (i.  €•  ex  loco  ubigig- 
nitur,)  fudit,  he  paid  300  as^es,  if  the  sufferer  was  a  free- 
man, and  150,  if  a  slave,  Gell.  xx.  1-  If  any  one  slandered 
another  by  defamatory  verses,  (si  quis  aliquem  publice  diffci- 
masset,  eique  adversus  bonos  mores  convicium  fecisset,  af- 
fronted him,  ^'cl  carmen  famosuin  in  e:tm  condidisset\  he 

Mm 


^m  ROMAN  ANTIQUITIES. 

was  beaten  with  a  club,  Nor.  Sat.  ii.  1.  v.  82.  Ep.  ii.  I.  v. 
154.  Cormit.  ad  Pers.  Sat.  1.  as  some  say,  to  death,  Cic.  a- 
pud  Augustin.  de  civit.  Dei,  ii.  9.  &  12. 

But  these  laws  gradually  fell  into  disuse,  Qell.  xx-  1-  and 
by  the  edicts  of  the  prcetor,  an  action  was  granted  on  ac- 
count of  all  personal  injuries  and  affronts,  only  for  a  fine, 
which  was  proportioned  to  the  dignity  of  the  person,  and  the 
nature  of  the  injury.  This,  however,  being  found  insuffi- 
cient to  check  licentiousness  and  insolence,  Sulla  made  a 
new  law  concerning  injuries,  by  which,  not  only  a  civil  ac- 
tion, but  also  a  criminal  prosecution,  was  appointed  for  cer- 
tain injuries,  with  the  punishment  of  exile,  or  working  in 
the  mines.  Tiberius  ordered  one  who  had  written  defama- 
tory verses  against  him  to  be  thrown  from  the  Tarpeian 
rock,  Div.  Ivii  22. 

An  action  might  also  be  raised  against  a  person  for  an  in- 
jury done  by  those  under  his  power,  which  was  called  AC- 
TIO NOXALIS;  as,  if  a  slave  committed  theft,  or  did 
any  damage  without  his  master's  knowledge,  he  was  to  be 
given  up  to  the  injured  person,  (si  servus,  inscientf, 

DOMING^  rURTUM  FAXIT,  NOXIAMVE    NOXIT,  (nOCUerit, 

i.  e.  damnunt  fecerit,)    nox^  deditor)  :   And  so  if  a 
beast  did  any  damage,  the  owner  was  obliged  to  offer  a 
compensation  or  give  up  the  beast ;  (siqUADRUPESPAU- 
periem  {damnum)  faxit,  dominus  nox^  /Estimiam 
{damni  astimationem)  offerto  :  si  nollit,  c^uod  nox- 

IT  DATO). 

There  was  no  action  for  ingratitude,  {actio  ingrati)  as  a- 
mongthe  Macedonians,  or  rather  Persians  ;  because,  says 
Seneca,  all  the  courts  at  Rome,  {omnia  fora,  sc.  tria,  de  Ir. 
ii.  9.)  would  scarcely  have  been  sufficient  for  trying  it,  Se. 
nee.  Benef.  iii.  6.  He  adds  a  better  reason  ;  qxtia  hoc  cru 
men  legem  cadere  non  debet,  c.  7. 

4.   Mixed  an(/ Arbitrary  Actions. 

Actions  by  which  one  sued  for  a  thing,  {rem  perseque- 
batur),  were  called  .^■ictiones  rei  persecutori^.  But  ac- 
tions merely  for  a  penalty  or  punishment,  were  called  PQi- 
NALES ;  for  both,  mixt^. 

Actions  in  which  the  judge  was  obliged  to  determine 


Judicial  Proceedings,  ^c.  25<^ 

:>irictly,  according  to  the  convention  of  parties,  were  called 
Actiones  STKICTI  JURIS  :  actions  which  were  determin- 
ed b'  th^  rules  of  equity,  {ex  cequo  et  bono),  were  called 
ARBITRARI/E,  or  BON.E  FIDEL  In  the  former  a 
certain  thing,  or  the  performance  of  a  certain  thing,  {certa 
prestatw),  was  re-quired;  a  sponsio  was  made,  and  the  judge 
Av:is  restricted  to  a  certain  form  ;  in  the  latter,  the  contrary 
of  all  this  was  the  case.  Hence  in  the  form  of  actions  bones 
fidei  about  contracts,  these  words  were  added.  Ex  bona 
piDE  ;  in  those  trusts  called 75"^/wr?>,  Ut  inter  bonos 
BENE  AGiEK  opoRTET,  ET  SINE  FRAUDATioNE  ;  and  in  a  qucs- 
tioM  about  recovering  a  wife's  portion  after  a  divorce,  (in  ar- 
^eVn'o  rcz  «a:(?r?»,  and  in  all  arbitrary  actions,  Quantum, 
z;tf/(^uiD  ^quius,  melius,  Cic-de  Ojffic*  iii.  15.  Q.  Rose. 4-. 
Topic.  17. 

IV.  DIFFERENT  KINDS  OF  JUDGES;  JUDICES, 
ARBITRI,  RECUPERATORES,  ET  CENTUM- 
VIRI. 

AFTER  the  form  of  the  writ  was  made  out,  {concepta 
actionis  intentione),  and  shewn  to  the  defendant,  the 
plaintiff  requested  of  the  praetor  to  appoint  one  person  or 
more  to  judge  of  it,  (judicem  wt\  judicium  in  earn  a  pratore 
postulabat).  If  he  only  asked  one,  he  asked  2i  judex,  properly 
so  called,  or  an  arbiter.  If  he  asked  more  than  one,  iju. 
dictum),  he  asked  either  those  who  were  called  Recupera- 
tores  or  Centumviri. 

1.  A  JUDEX  judged  both  of  fact  and  of  law,  but  only 
in  such  cases  as  were  easy  and  of  smaller  importance,  and 
which  he  was  obliged  to  determine  according  to  an  express 
law,  or  a  certain  form  prescribed  to  him  by  the  prsetor. 

2.  An  ARBITERjudged  in  those  causes  which  were  call- 
ed bona  fidei,  and  arbitrary  ;  and  was  not  restricted  by  any 
law  or  form,  {totius  rei  arbitrium  habuit  et  potestatem,  he 
determined  what  seemed  equitable  in  a  thing  notsuffiv  icntly 
defined  bylaw,  Festus),  Cic.  pro  Rose.  Corn.  4.  5.  Off^Vii. 
16.  Topic.  10.  Senec.  de  Bene/,  iii.  3.  7.  Hence  he  is  called 
HONORARIUS,  Cic.  Tusc.  v.  41.  de  Fato,  17.  Ad  arbi- 
trum  vd  judicem  ire,  adire,  confugere  Cic.  pro  Rose.  Com. 
4,  arbitrum  sumere,  ibid,  caper e,  Ter.  Heaut.  iii.  1.  94-  A- 


266  ROMAN  ANTIQUITIES. 

delph.  i.  2.  43.  Arbitrun  adigere,!.  e-  ad  ar  bit  rum  a- 
gere  vel  cogere^  to  force  one  to  submit  to  an  arbitration, 
Cic,  Off  iii.  16-  Top.  10.  Ad  Arhitrum  vocare  vel  appel- 
lere,  Piaut.  Rud.  iv.  3.  99.  104.  Ad  vel  avuh  judicem  a- 
gere  experin,  litigare,  petere.  But  arbiter  and  judex,  arbi- 
trium  and  judicium  are  sometimes  confounded,  Cic.  jRosC' 
Com.  4.  9.  Am.  39.  Mur.  12-  Quint.  3.  Arbiter  is  also  s(^me- 
times  put  for  testis,  Fiace.  36.  Sidlust.  Cat.  20.  Liv.  ii. 
4.  or  the  masttr  or  director  of  a  feast,  arbiter  bibendi.,  Hor. 
Od.  ii.  7.  23.  arbiter  Adri^e,  ruler,  Id.  i-  3.  maris,  having  a 
prospect  of,  Id.  Epist.  i.  11.  26. 

A  person  chosen  by  two  parties  by  compromise  {ex  com- 
promisso).,  to  determine  a  difference  without  the  appointment 
of  the  praetor,  was  also  called  arbiter^  but  more  properly 

COMPROMISSARIUS, 

3.  RECUPERATORES  were  so  called,  because  by 
them  every  one  recovered  his  own,  Theopil.  ad-  Inst.  This 
name  at  first  was  given  to  those  who  judged  between  the 
Roman  people  and  foreign  states,  about  recovering  and  res- 
toring private  things,  Festus  in  reciperatio;  and  hence 
it  was  transferred  to  those  judges  who  were  appointed  by 
the  prastor  for  a  similar  purpose  in  private  controversies* 
Plaut.  Bacch.  ii.  3.  v.  36-  Cic.  in  Cacin.  1.  &c.  Ccecil.  17. 
But  afterwards  they  judged  also  about  other  matters,  Liv. 
XX vi.  48.  Suet.  Ner- 17.  Domit.  8.  Gell.  xx.  1.  They  were 
chosen  from  Roman  citizens  at  large,  according  to  some ; 
but  more  properly,  according  to  others,  from  the  judices 
SELECTi,  (ex  albo  judicum,  from  the  list  of  judg<^s),  Plin. 
Ep.  iii.  20.  and  in  some  cases  only  from  the  senate,  Liv. 
xliii.  2.  So  in  the  provinces  (ex  conventu  Romanorum  civi- 
um  i.  e.  ex  Romanis  civibus  qui  juris  et  judiciorum  causa  in 
certumlocum  coNVEiiiREsoleba'ft.  See.  p.  173.)  Cic.  Verr. 
ii.  13.  V.  5.  3^.  59.  69-  C^^s.  de  Bell.  Civ.  ii.  20.  3^.  iii.  21. 
29.  where  they  seem  to  have  judged  of  the  same  causes  as  the 
Centumviri  at  Rome,  Cic.  Verr.  iii.  11.  13.  28.  59.  A  trial 
before  the  Recuperator es.,  was  called  Judicium  recuperato. 
BiuM,  Cic.  de  Invent,  ii.  20-  Suet.  Vespas.  3.  cum  aliquo 
recuperatores  sumere,  vel  cum  ad  recuperatores  adducere^ 
to  bring  one  to  such  a  trial,  Lw.  xliii.  2. 

4.  CENTUMVIRI  were  judges  chosen  from  the  thirty. 


Judicial  Proceedings,  ^c.  5261 

five  tribes,  three  from  each ;  so  that  properly  there  were  105 : 
but  they  were  always  named  by  around  number,  cemtum- 
viui,  Ffstiis.  The  causes  which  came  before  them  (caustc 
ctutumvmiles)  are  enumerated  by  Cicero,  dc  Orat.  i.  38- 
They  seem  to  have  been  first  instituted  soon  after  the  crea- 
tion of  tlic  Praetor  Peregrinus.  They  judged  chiefly  con- 
cerning testaments  and  inheritances,  Cic.  ibid. — pro  Ccecin. 
18.  Faler.  Max.  vii.  7.  Quinctti.  iv.  7.  Fhn.  iv.  0.  32. 

Alter  the  time  (^f  Augustus  they  formed  the  council  of 
the  pr^tor,  aniljudged  in  the  most  important  causes,  Tacit, 
de  Orat.  38.  'vhence  trials  before  them  (JUDICTA  CKN- 
TUMVIR  VIJA),  are  sometimes  distinguished  from  pri- 
vate trials.  Fhn.  Ep.  1.  18.  vi.  4.  33-  Qiiinctil.  iv.  1- v.  10. 
but  these  were  not  criminal  trials,  as  some  have  thought. 
Suet.  Fesp.  10.  for  in  a  certain  sense  all  trials  were  public, 
(JuDiciA  PUBLIC  a),  Cic.  pro  Arch.  2. 

The  number  of  the  Centumviri  was  increased  to  180:  and 
they  were  divided  into  four  councils,  F/in.  Eu.  1.  18.  iv. 
24.  vi.  33.  Qiimctil.  X'l.  5.  Hence  Quadruplex  judi- 
cium, is  the  same  as  centumvirale,  ibid,  sometimes  only 
into  two,  Quinctii.  v.  2.  xi.  1.  and  sometimes  in  i-mportant 
causes  they  jtidged  altogether,  Faler.  Max.  vii-  8.  1.  Fhn- 
Ep.  vi-  33-  A  cause  before  the  Centumviri  could  not  be  ad- 
journed, Flin.  Ep.  1.  18. 

Ten  men  (DECEMVIRI)  see  p.  159.  were  appointed, 
five  senators  and  five  eqaites,  to  assemble  these  councils, 
and  presi^^e  in  them  in  the  absence  of  the  praetor,  Suet.  Aug- 
36. 

Trials  before  the  centumviri  were  held  usually  in  \ht  Ba- 
silica .Julia.,  Plin.  Ep.  ii.  24.  Quinctii.  xii.  5.  sometimes  in 
the  Forum.  They  had  a  spear  set  upright  before  them, 
Quinctii.  V.  2.  Hence ywo??'<?m/w  Aa.9f<^,  for  centumvirale,  Fa. 
ler.  Max.  vii.  8-  4.  Centumviralem  hastam  cogere,  to  as- 
semble the  courts  of  the  Centumviri^  and  preside  in  them. 
Suet.  Aug.  36.  So  Centum  gravis  hasta  vihorum.  Mart.  E- 
pig.  vii.  62.  Cessat  centeni  moderatrixjudicis  hasta,  Stat, 
Sylv.  iv.  4.  43. 

The  centumviri  continued  to  act  as  judges  for  a  whole 
year ;  but  the  other  judices  only  till  the  particular  cause 
lYcts  determined  for  which  they  were  appointed. 


262  ROMAN  ANTIQUITIES. 

The  DECEMVIRI  also  judged  in  certain  causes,  Cic. 
Cacin.  33.Domi,  29.  and  it  is  thought  that  in  particular  cases 
they  previously  took  cognizance  of  the  causes  which  were 
to  come  before  the  centumviri :  and  their  decisions  were 
called  Pr^judicia,  Sigomus  de  Judic. 

V.  The  APPOINTMENT  of  a  JUDGE  or  JUDGES. 

F  the  above  mentioned  judges  the  plaintiff  proposed  to 
the  defendant  {adversario  fere  bat),  such  judge  or 
judges  as  he  thought  proper,  according  to  the  words  of  the 
a/ionsio^  Kiirx  essft:  (Hence  Judicem  vel  -es  ferre  alicui,  ni 

IT  A  ESSEX,  to  undertake  to  prove  before  a  judge,  or  jury 
that  it  was  so,  Liv.  iii.  24.  57.  viii.  33.  Cic-  Quint.  15.  de 
Orat-  ii.  65.)  and  asked  that  the  defendant  would  be  content 
with  the  judge  or  judges  whom  he  named,  and  not  ask  ano- 
ther, Cneahum  prog  are x,  i.  e.  posceret,  Festus).  If  he  ap- 
proved, then  the  judge  was  said  to  be  agreed  on,  con  veni- 
re, Cic.  pro  Q.  Rose.  15.  Cluent.  43.  Valer.  Max.  ii.  8.  2. 
and  the  plaintiff  requested  of  the  prse tor  to  appolni  him,  in 
these  words,  PrjEtor,  judicem  arbitrumve  postulo,  ut  des  in 

»IEM    TERTIUM    SIVE     PERENDINUM,    Cio-    pTO  Mur.     12.     Valcr, 

Prob.  in  Notis^  and  in  the  same  manner  recuperatores  were 
asked,  Cic.  Verr.  iii.  58.  \i'mQ,Q  judices  dare^  to  appoint  one 
to  take  his  trial  before  the  ordAUdxy  judices,  Plin.  Ep.  iv.  9. 
But  centumviri  were  not  asked,  unless  both  parties  sub- 
scribed to  them,  Plin.  Ep.  v.  1. 

If  the  defendant  disapproved  of  the  judge  proposed  by  the 
plaintiff,  he  said,  Hunc  ejero  vel  nolo,  Cic- de  Orat-n, 
10.  Plin.  Paneg-  36.  Sometimes  the  plaintiff  desired  the 
defendant  to  name  the  judge,  (ut  judicem  diceret), 
Liv-  iii.  56. 

The  judge  or  judges  agreed  on  by  the  parties,  were  ap- 
pointed (dabantur  it^/addicebantur),  by  the  praetor, 
with  a  certain  form  answering  to  the  nature  of  the  action. 
In  these  forms  the  praetor  always  used  the  words,  SI  PA- 
RET,  i.  e.  apparet ;  thus,  C,  Acquilli,  judex  esto.    Si  pa- 

RET,  rUNDUM  CAVENATEM,    DE  QUO     SeRVILIUS  AGIT  CUM   CaTULO, 

Servilii  esse  ex  jure  quiRiTiUM,  NEciUE  IS  Servilio  a  Catulo 

RESTITUATUR,  TU.M  CaTULUM    CONDEMNA.       But  if  tllC  defcudaUt 

made  an  exception,  it  was  added  to  the  form,  thus :  Exte.i 


Jhdicial  Proceedings,  Sp'c.  265 

(^UAM  51  TESTAMENTUM  PRODATUR,    QUO    Al'PAREAT    CaTULI  ESSE. 

If  the  prajtor  rtfiiscd  to  ;idnnt  th'-r  excepticni,  an  appeal  might 
be  made  to  the  tribunes,  Cic.  Acad.  Qtiast.  iv.  30.  The 
prastor,  if  he  thoufiht  proper,  might  appoint  different  judges 
from  those  chosen  by  the  parties,  altliough  he  seldom  did  so- 
And  no  one  could  refuse  to  act  as  a  judex,  when  required, 
without  a  just  cause,  Suet.  Claud.  15.  Plin.  Ep.  iii.  20.  x, 
C6. 

The  prastor  next  prescribed  the  number  of  witnesses  to 
be  called  (.quibus  denuncuiretur  testimonium),  which  com- 
mnnlv  did  not  excer-d  ten.  Then  the  parties,  or  their  agents, 
(PROCURATORES),  gave  security  (satisdabant)  that 
what  was  decreed  shr.uld  be  paid,  and  the  sentence  of  the 
judge  held  ratified,   (Judicatum  solvi  et  rem  ratam  haberi). 

In  arbitrary  causes  a  sum  of  money  was  deposited  by 
both  parties,  called  COMPROMISSUM,  Cic.  pro  Rose 
Com.  4.  Ferr.  ii.  27.  ad  Q.  Fratr.  ii-  15.  which  word  is  also 
used  for  a  mutual  agreement,  Cic.  Fam*  xii.  30. 

In  a  personal  action,  the  procuratores  only  gave  security : 
those  of  the  plaintiff,  to  stand  to  the  sentence  of  the  judge  ; 
and  those  of  the  defendant,  to  pay  what  was  decreed,  Cic. 
Quint.  7.  Att.  xvi.  15, 

In  certain  actions  the  plaintiff  gave  security  to  the  defend- 
ant, that  no  more  demands  should  be  made  upon  him  on  the 
same  account,  {eo  nomine  a  se  neminem  amplius  vel  ^ostea. 
petiturum),  Cic.  Brut-  5.  Hose.  Com.  12.  Fam.  xiii.  29. 

After  this  followed  the  LITIS  CONTESTATIO,  or  a 
short  narration  of  the  cause  by  both  parties,  corroborated  by 
the  testimony  of  witnesses,  Cic.  Att.  xvi.  15.  Rose.  Com, 
11,  12,  18.  Festus;  Macrob-  Sat.  iii.  9. 

The  things  done  in  court  before  the  appointment  of  the 
judices^  were  properly  said  in  jure  fieri,  after  that,  in  judi- 
cio  ;  but  this  distinction  is  not  always  observed. 

After  the  judex  or  judices  were  appointed,  the  parties 
warned  each  other  to  attend  the  third  day  after,  Center  se  in 
perendinum  diem,  ut  ad  judicium  venirent,  denunciabant ) ^ 
which  was  called  COMPERENDINAT  lO,  orgoNDicno, 
.4scon.  in  Cic. — Festus  ;  GelL  xiv.  2.  But  in  a  cause  with 
a  foreigner,  the  day  was  called  DIES  STATUS,  Macrob. 
Sat-  i.  16.  Status  condictus  cum  hoste  (i.  e.  cum  peregrine, 
Qic.  Off.  i.  32.)  PUS.  Plauf.  Cure  i.  1.  5-  GelL  xvi.  4, 


264  ROMAN  ANTIQUITIES. 

VI.  The  MANNER  o^ conducting  a  TRIAL. 

'^^  HEN  the  day  came,  the  trial  vvent  on,  unless  the 
judge,  or  some  of  the  parties,  was  absent  from  a  ne- 
cessary cause,  {ex  morbo  vel  causa  sontica^  Festus) ;  in  which 
case  the  day  was  put  off,  (diffissus  est,  i.  e.  protatus^ 
Gell.  xiv.  2.) 

If  the  judge  was  present,  he  first  took  an  oath  that  he 
would  juJge  according  to  law  to  the  best  of  his  judgment, 
(P^x  ANiMi  sententia),  Cic.  Acad.  Q.  47.  at  the  altar, 
(aramtenens,  Cic.  Fiacc.  36.)  called  PUTEAL  LIBO- 
NIS,  or  Scribonianum,  because  that  place  being  struck  with 
thunder,  {fulmine  attactus)^  had  been  expiated  {procuratus^ 
by  Scribonius  Libo,  who  raised  over  it  a  stone  covering 
{suggeatum  lapideum  cavum)^  the  covering  of  a  well,  {putei 
operculum^  vel  pu  teal),  open  at  the  top,  {sup  erne  apertum^ 
Festus),  in  the  Forum ;  near  which  the  tribunal  of  the  praetor 
used  to  be,  Horat-  Sat.  ii-  6.  v.  2>5.  Ep.  i.  19.  8.  and  where 
tlie  usurers  met,  Cic.  Sext.  8.  Ovid,  de  Rem.  Am.  561.  It 
appears  to  have  been  different  from  the  Puteal,  under  which 
the  whetstone  and  razor  of  Attivis  Navius  were  deposited, 
Cic.  de  Divin.  i.  17.  in  the  comitium  at  the  left  side  of  the 
senate-house,  Liv.  i.  36. 

The  Romans,  in  solemn  oaths,  used  to  hold  a  flint-stone  in 
theif  right  hand,  saying.  Si  sciens  fallo,  tum  me  dies- 
piter,  salva  urbe  ARCEq^uE,  bonisejiciat,  ut  ego 
HUNC  LAPiDEM,  Festus  in  Lapis.  Hence  Jovem  lapidem 
jurare^  for  per  Jovem  et  lapidem,  Cic.  Fam.  vii.  1.  12.  Liv. 
xxi.  45.  xxii.  53.  Gell.  i.  21.  T\w  formula  of  taking  an 
oath  v/e  have  in  Plaut.  Rud.  v.  2.  45  &c.  and  an  account 
of  different  forms,  Cic.  Acad.  iv.  47-  The  most  solemn  oath 
of  the  Romans  was  by  their  faith  or  honour,  Dionys.  ix. 
10,  &  48.  xi.  54. 

ThQ  judex  or  judicea  after  having  sworn,  took  their  seats 
in  the  suhsellia  {quasi  ad  pedes  pratoris')  ;  whence  they  were, 
called  JUDICES  PEDANEI ;  and  sedere  is  often  put 
for  coGNOGCEREjtojiulge,  P/?/z.  Ep.v.  1.  vi.  33.   sedere 
AUDiTURus, /r/.  vi-31.  Sedere  is  also  applied  to  an  advo- 
cate while  not  pleading,  Plm-  Ep.  iii.  9.  f. 

ThejudeXj  especially  if  diere  was  but  one,  assumed  some 


Judicial  Proceedings,  SpV-  265 

lawyers  to  assist  him  with  their  council,  (si/n  advocavit,  ut  in 
consilio  adcssent^  Cic.  Quint-  2.  in  corwliwn  ro^avit^  GelL 
xiv-  2.)  whence  they  were  called  CONSiLlARll,  Suet. 
Tib.  3:^,  Claud  12. 

ir  any  one  of  the  parties  were  absent  without  a  just  excuse, 
he  Wds  summoned  i)y  an  edict,  (see  p.  131.)  or  l^^sthis  cause, 
Cic.  Quint.  6.  If  the  praeior  pronoimced  an  unjust  decree 
in  the  absence  of  any  one,  the  assistance  of  the  tribunes 
might  he  implored,  zOicI.  20. 

If  both  p.trties  were  present,  they  first  were  obliged  to 
swear,  that  they  did  not  carry  on  the  law  suit  from  a  desire 
of  litigation,  (Calumniam  juuare,  vel  de  calumma),  Liv. 
xxxiii.  49.  Cic.  Fam.  viii.  8. — 1. 16.  D.jurej.  Qnodinjuratus 
in  codicem  rtferre  noluit^  sc.  quia  f ahum  erat^  ^nfjurare  in  li- 
tem r,on  dubitety  i.  e.  id  sibi  deheriy  jurcjurando  conjirmarey 
litis  obtinend<c  causie^  Cic.  in  Rose.  Com.  1. 

Theji  the  advocates  were  ordered  to  plead  the  cause,  which 
they  did  twice,  one  after  another,  in  two  different  methods,, 
Amnin.  de  B41  Civ.  i.  p.  663.  first  briefly,  n'hich  was  c\x\\. 
tdC  WJ'i^J¥^CO'Si]^C' [!lO,quasicaus(S  in  breve  CO  ACT  JO, 
Ascon.  in  Cic.  and  then  in  a  formal  oration,   (justa  ora'^ 
tione  perorabant,  Geil.  xvii.  2.)  they  explained  the  state  of 
the  cause,  and  proved  their  own  charge  {.actionem)  or  defence 
(jnficiationem  vel  exceptionem),  by  witnesses  and  writings, 
{testibus  et  tabu/is),  and  by  arguments  drawn  from  the  case 
itself,  (ex  ipsa  re  deductis),  Cic.  pro   P.  Quinct  et  Rose. 
Com.— -Gell.  xiv.  2.  and  here  the  orator  chiefly  displayed 
his  art,  Cic  de  Orat.  ii.  42,  43,44,  79, 81.  To  prevent  them, 
however,  from  being  too  tedious)  ne  in  immensum  evagaren- 
fur),  it  was  ordained  by  the  Pompeian  law,  in  imitation  of 
the  Greeks,  tliat  they  should  speak  by  an  hour-glass,  {ut  ad 
CLEPSYDRAM  dicer ent,  i.  e.  vas  vit^eum,  graciliterjis- 
tulitum^  in  /undo  cujus  erat  foramen^  unde  aqua  guttatim 
effiuerety  atque  ita  tempus  metiretiir  ;  a  water -glass,  some- 
what  like  our  sand-glasses,  Cic.  de  Orat.  iii-  34).  How  many 
hours  were  to  be  allowed  to  each  advocate,  was  left  to  the 
judices  to  determine,  Cic.  Quint.  9.  Plin.  Ep-  i.  20.  iv.  9.  ii. 
11    14.  i.  23.  vi.  2.  5.  Dial,  de  Caus.  Corr-  Eloq.  38.  The-*^^ 
glasses  were  also  used  in  the  army,  Feget.  iii.  8-  des.  de  Bell- 
G.  V,  13.    Hence  dare  vdpetere  plures  clepsydras^  to  ask* 

Nn 


2oG  ROMAN  ANTIQUITIES. 

more  time  to  speak  :  Quotiesj udico,  quantum  quis  plurimmn 
postulat  aqua  do^  I  give  the  advocates  as  much  time  as  they 
require,  Plin.  Ep.  vi.  2.  The  clepsydra  were  of  a  different 
length ;  sometimes  three  of  them  in  an  hour,  Pliti.  Ep.  ii. 
11. 

The  advocate  sometimes  had  a  person  by  him  to  suggest 
{qui  suhjiceret)  what  he  should  say,  who  was  called  MINI- 
STHATOR,  Cic.  de  Orat.  ii.  75.  Flacc.  22.  A  forward 
noisy  speaker  was  called  Rabula,  {a  rabie^  quasi  latra- 
tor),  \e\  prociamator,  a  brawler  or  wrangler,  Cic.  de  Orat. 
-i.  46. 

Under  the  emperors,  advocates  used  to  keep  persons  in 
paj^  (conducti  et  redempti  MANCIPES),  to  procure  for 
them  an  audience,  or  to  collect  hearers,  {coronam  colligere, 
auditor es  v.  audituros  corrogare)^  who  attended  them  from 
court  to  court,  iex  judicio  in  judicium)^  and  applauded 
them,  while  they  were  pleading,  as  a  man  who  stood  in  the 
middle  of  them  gave  the  word^iquum  fis<r6x,o^(>?  dedit  signum). 
Each  of  them  for  this  service  received  his  dole,  (sportula) 
or  a  certain  hire,  par  merces^  usually  three  denarii^  near2j. 
sterling) ;  hence  they  were  called  laudic^eni,  i.  e.  qui  oh 
canam  laudabant.  This  custom  was  introduced  by  one  Lar- 
gius  Licinius,  who  flourished  under  Nero  and  Vespasian ; 
and  is  greatly  ridiculed  by  Pliny,  Ep.  ii.  14.  See  also,  vi.  2. 
When  a  client  gained  his  cause,  he  used  to  fix  a  garland  of 
green  palm  {virides  palma:)  at  his  lawyer's  door,  Juvenal,  vii. 
118. 

When  the  judges  heard  the  parties,  they  were  said  zw  ope- 
RAM  DARE,  /.  18.  pr.  D-  dc  judic.  How  inattentive  they 
sometimes  were,  we  learn  from  Macrobius,  Saturnal.  iu 
12. 

VII.  THE  MANNER  OF  GIVING  JUDGMENT. 

THE  pleadings  being  ended,  {causa  utrinque  perorata)^ 
judgment  was  given  after  mid-day,  according  to  the  law 
of  the  Twelve  Tables,  Post  meridiem  PRiESENXi  {eti- 
amsi  unus  tantum prcesens sit)^  litem  addicito,  i«e.  de- 
cidito. 

If  there  was  any  difficulty  in  the  cause,  the  judge  some 
thues  took  time  to  consider  it,  diem  diffindi^  i.  e.  differijus^ 


Judicial  Proceedings,  tsj'c.  267 

i?V,  UT  AWPLIUS  DELIBERARET,   {Trr.  Phorm.  11.  4.  17.) 

if,  after  all,  he  rem  lintd  imccrtain,  he  sairl,  {dixtt  \t\jura- 
vit),  MlHI  NON  LIQUKT,  I  am  not  clear,  Geli.  xiv.  2. 
And  thus  the  affair  was  cither  left  undetermined  iinjudicata), 
Gtll.  V.  10,  or  the  ciuse  was  again  resumed  (secimda  actio 
instituta  est\  Cic.  Crecin.  2. 

If  there  were  several  judges,  judjcment  was  given  accord- 
ing to  the  opinion  of  the  majority,  (sententia  Lita  est  fie  plii- 
rium  sententia) ;  but  it  was  necessary  that  they  should  be 
all  present.  If  their  opinions  were  equal,  it  was  left  to  the 
praetor  to  determine,  /.  28,  36,  ^  38.  D.  de  re  jud.  The 
judge  commonly  retired,  (secessit)^  with  his  assessors  to 
deliberate  on  the  case,  and  pronounced  judgment  according 
to  their  opinion,  {ex  consilii  sententia,)  Plin.  Ep.  v.  1.  vi. 
31. 

The  sentence  was  variously  expressed  ;  in  an  action  of 
freedom,  thus,  VIDERI  sibi  hunc  hominem  LIBE- 
RUM  ;  in  an  action  of  injuries,  VIDERI  jure  fecisse 
vel  NON  FECISSE  ;  in  actions  of  contracts,  if  the  cause  '.vas 
given  in  favour  of  the  plaintiff,  Titium  Seio  centum 
coNDEMNo  ;  if  in  favour  of  the  defendant,  Secundum 
ILEUM  litem  do,  Fal.  Max.  ii.  8.  2. 

An  «r/jz>rTgavejudgment,  (arhitrium  pronunciavit J ,  thus, 

ARBITROR  TE  HOC  MODO  SATISFACERE  ACTORI  DE- 
BE  RE.  If  the  defendant  did  not  submit  to  his  decision, 
then  the  arbiter  ordered  the  plaintiff  to  declare  upon  oath, 
at  how  much  he  estimated  his  damages,  {qiianti  litem  eesti- 
maret)^  and  then  he  passed  sentence,  {sententiam  tuht),  and 
condemned  the  defendant  to  pay  him  that  sum :  thus,  Ce  n- 

TUM  DE   qUIBUS  ACTOR   IN    LITEM  JURAVIT,  REDDE,  /. 

18.  D.  de  dolo  malo. 

VIII.  WHAT  FOLLOWED  AFTER  JUDGMENT 

WAS  GIVEN. 
4  FTER  judgment  was  given,  and  the  law.- suit  was  de- 
-^^  termined,  {lite  dijudicata),  the  conquered  party  was 
obliged  to  do  or  pay  what  was  decreed,  judic  a tum  face- 
re  vel  SOLVERE)  ;  and  if  he  failed,  or  did  not  find  securi- 
ties, (sponsores  vel  vindicesj,  within  thirty  days,  he  was  giv- 
en up,  (jUDicATus,i-  e.  damnatiis  et  addictus  est),  by 
the  praetor  to  his  adversarj%  (to  which  custom  Horace  aK 


26S  ROMAN  ANTIQUITIES. 

ludes,  Od.  111.  3,  23.)  and  led  away  (abductus)  by  him 
to  servitude,  Cic.  Flacc.  19.  Liv.  vi.  14, 34.  &.c.  Plant.  Pcen. 
'in.  3,  94.  Asm.  v.  2,  87.  Gell.  xx.  1.  These  thirty  days  are 
called  in  the  Twelve  Tables,  DIES  JUSTI ;  kebus  jure  judi- 

CATIS,  XXX.  DIES  JUSTI  SUNTO,  POST  DEINDE  MANUS  IN  JECTIO  ES- 
TO,  IN  JUS  DUCITO.       ScC  p.  49. 

After  sentence  was  passed,  the  matter  could  not  be  alter- 
ed :  hence  agere  actum,  to  labour  in  vain,  Cic,  Amic. 
22.  Attic,  ix.  18-  ftr.  Phurm.  ii.  2,  72.  Actum  est ;  acta  est 
res  ;  perii,  all  is  over,  I  am  undone,  ler.  Andr.  iii.  1.  l.A- 
delph'  iii.  2.  7  Cic.  Fam.  xiv.  3-  Actum  est  de  me,  I  am  ruin- 
ed, Plaut.  Pseud,  i.  1,  83.  De  Strvio  actum  rati^  that  all 
was  over  with  Servius,  that  he  was  slain,  Liv.  i.  47.  So  Suet» 
JVer.  42.  Actum  (i.  e.  ratum)  habebo  quod  egeris,  Cic.  Tusc. 
iii.  21. 

In  certain  cases,  especially  when  any  mistake  or  fraud  had 
been  committed,  the  prastor  reversed  the  sentence  of  the 
judges,  Cre?njudicatam  rescidit);  in  which  case  he  was  said 
damnatos  in  iNTEGR<trM  restituere,  Cic  Verr.  v.  6. 
Cluent.  36.  Ter.  Phorm.  ii.  4-  11.  or  judicia  restitue- 
re,  Cic.  Verr'  ii.  26. 

After  the  cause  was  decided,  the  defendant,  when  acquit- 
ted, might  bring  an  action  against  the  plaintiff  for  false  accu- 
sation, (actorem  CALUMNLE  postulare),  Cic.  pro 
Cluent.  31.  Hence  Calumnia  litium,  i.  e.  lit es per  calum- 
niam  intentis^  unjust  law-suits,  Cic.  Mil.  27.  Calumniarum 
metuminjicere^  of  false  accusations,  Suet,  Ctes.  20.  Fitell.  7. 
Domit  9.  Ferre  calunmiam^  i.  e.  calumnies  convictum  esse, 
Mt\  calumnits  damnari  2iUX  de  calumnies,  C\c.  Fam.  viii.  8. 
Gell  xiv,  2-    Calumniam  non  effugiet,  he  will  not  fail  to  be 

condemned  for  false  accusation,  Cic.  Cluent.  59. Inju- 

rio'  existunt  c  alumni  a,  i.  e.  callida  ei  malitiosa  juris  inter- 
pretatione,  Cic.  Off.  i.  10.  Calumnia  timoris,  the  misre- 
presentation of  fear,  which  always  imagines  things  worse 
than  they  are,  Fam.  vi.  7.  Calumnia  religionis,  a  false  pre- 
text of,  ibid.  i.  1.  calumnia  dicendi^  speaking  to  waste  the 
time,  Att.  iv.  3.  Calumnia  p<2?/corttw, detraction,  Sallust. 
Cat-  30  Cic- Acad.  iv.  1.  So  CALUMNIARI,/oAw«  li~ 
tern  mtendere,  et  calumniator^  &c. 

There  was  also  an  action  against  a  judge,  if  he  was  §us- 


Judicial  Procebdixcs,  ts^c»  269 

pccted  of  havinj?  taken  money  from  either  of  the  parties,  or 
to  Jiave  wiitully  given  wrong  judgment  Cdolo  malo  vcl  zV/i- 
peritia).  Corruption  in  a  judge  was,  by  a  law  oithe  Twelve 
Tables,  punislied  with  death  ;  but  afterwards  as  a  crime  of 
extortion,  (repetundarum). 

If  a  judge  from  partiality  or  enmity  {gratia  vel  mimicitia), 
evidently  favoured  cither  of  the  parties,  he  was  said  Litem 
SUAM  FACE  RE,  Ulpian.  GclL  X.  1-  Cicero  applies  this 
plirase  to  an  advocate  too  keenly  interested  for  his  client,  dc 
Orat.  ii-  75. 

In  certain  causes  the  assistance  of  the  tribunes  was  asked, 
(tbibuni  appellabantur),  Cic-  Quint.  7,  20. 

Asthere  was  an  appeal  (APPELliATIO)  from  an  infe- 
rior to  a  superior  magistrate,  Liv.  iii-  5&.  so  also  from  one 
court  or  judge  to  another,  {ab  inferiore  ad  superws  tribunal^ 
vel  ex  minore  ad  majorem  judicem,  pra:textu  iniqtii  grava^ 
minis,  of  a  grievance,  vel  injustce  sententia),  Ulpi;in.  The 
appeal  was  said,  ADMITTI,  eecipi,  no4^  recipi,  re- 
PUDI  ari  :  He  to  whom  the  appeal  was  made,  v/as  said,  De 
Ve/ EX  appej.latione  cogngscere,  judicare,   sen- 

TENTIAM  DICERE,  PRONUNCIARE  APPELL  ATIONEM 
JUSTAM  Ve/ INJUSTAM  ESSE. 

After  the  subversion  of  the  republic,  a  final  appeal  was 
made  to  the  emperor,  both  in  civil  and  criminal  affairs,  Suet, 
Aug.  33.  Dw.  Iii.  33.  Act-  Apost.  xxv.  11.  as  formerly  (pro- 
vocATio)  to  the>people  in  criminal  tri::ds,  Suet.  Cas.  12. 

At  first  this  might  be  done  freely,  {.dntea  vacuum  idsolu- 
tifmguepoena/uej'at),b\itd.heY\vi\r(ls  under  a  certain  penalty, 
Tacit.  Annal.  xiv.  28-  Caligula  prohibited  any  appeal  to 
him,  C magistratibus  liberam  jurisdictiunem^  et  sine  sui  pro- 
vocatione  concessit).  Suet*  Cal.  16.  Nero  ordered  all  appeals 
to  be  made  from  private  judges  to  the  senate,  Suet.  JVcr.  17. 
and  under  the  same  penalty  as  to  the  emperor,  iut  ejusdem 
pecunia  periculumfacerent,  cujiis^  ii  qui  imperatore?n  appeU 
lavere).  Tacit,  ibid.  So  Hadrian,  Digest,  xliv.  2,  2.  Kven 
the  emperor  might  be  requested  l;y  a  petition  (libello), 
to  review  his  own  decrees,  (sententiamsuam  retrac- 
tare)-  f 


270  IROMAN  ANTIQUITIES. 

II.  CRIMINAL  TRIALS,  (PUBLICA  JUDICIA). 

CRIMINAL  trials  were  at  first  held  {exercehantur)  by 
the  kings,  Dionys.  ii.  14.  with  the  assistance  of  a  coun- 
cil, {cum  consilio),  Liv.  i.  49.  The  king  judged  of  great 
crimes  himself,  and  left  smaller  crimes  to  the  judgment  of 
the  senators. 

TuUus  Hostilius  appointed  two  persons  (DUUMVIRI) 
to  try  Horatius  for  killhig  his  sister,  (qui  Horatio  perduelli- 
onemjudicarent)^  and  allowed  an  appeal  from  their  sentence 
to  the  people,  Liv.  i.  26.  Tarquinius  Superbus,  judged  of 
capital  crimes  by  himself  alone,  without  any  counsellers, 
JLiv.  i.  49- 

After  the  expulsion  of  Tarquin,  the  consuls  at  first  judged 
and  punished  capital  crimes,  Liv.  ii.  5.  Dionys.  x.  1.  But 
after  the  law  of  Poplicola  concerning  the  liberty  of  appeal, 
(see  p.  117.)  the  people  either  judged  themselves  in  capital 
affairs,  or  appointed  certain  persons  for  that  purpose,  with 
the  concurrence  of  the  senate,  who  were  called  QUiESL 
TORES,  or  Quastores  paricidii,  (see  p.  134.)  Sometimes 
the  consuls  were  appointed,  Liv.  iv.  51.  Sometimes  a  dicta- 
tor and  master  of  horse,  Liv.  ix.  26.  who  were  then  called 

Qu^SITORES. 

The  senate  also  sometimes  judged  in  capital  affairs,  Sal- 
lust.  Cat.  51,  52.  or  appointed  persons  to  do  so,  Liv.  ix.  26. 

But  after  the  institution  of  the  Quastiones  perpetme^  (see 
p.  134.)  certain  prsetors  always  took  cognizance  of  certain 
crimes,  and  the  senate  or  people  seldom  interfered  in  this 
matter,  unless  by  way  of  appeal,  or  on  extraordinary  occa- 
sions. 

L  CRIMINAL  TRIALS  before  the  PEOPLE. 

rpRIALS  before  the  people  (JUDICIA  ad  popiilum,) 
-■-  were  at  first  held  in  the  Comitia  Curiata,  Cic.  pro  Mil. 
3.  Of  this,  however,  we  have  only  the  example  of  Horatius, 
ibid. 

After  the  institution  of  the  Comitia  Centuriata  and  Tribu- 
ta,  all  trials  before  the  people  were  held  in  them  ;  capital 
trials,  in  the  Comitia  Centuriata  ;  and  concerning  a  fine,  in 
the  Tributa. 


Judicial  Proceedings,  &c.  27i 

Those  trials  were  cnllocl  CAPITAL,  which  respected  the 
life  or  liberty  oi  a  Ronian  eiiizeii.  There  was  one  trial  of 
thib  kind  neld  in  the  Comitia  by  tribes,  namely  of  Coriola- 
nus,  Liv.  ii.  35.  but  tliai  was  irregular,  and  conducted  with 
violence,  Dionys.  vii.  38,  kc. 

Sometimes  a  person  was  said  to  undergo  a  capital  trial, 
periculum  capitis  adire^  causam  capitis  \&\  pro  capite  dicere^ 
in  a  civil  action,  when,  besides  the  loss  of  fortune,  his  char- 
acter Was  at  stake,  {cum  judicium  esset  defamafortunisque), 
Cic.  pro  Quint.  9.  15,  15.  Off.  i.  12. 

The  method  ot  proceeding  in  both  Comitia  was  the  same  ; 
and  it  was  requisite  that  some  magistrate  should  be  the  ac- 
cuser. 

In  the  Comitia  Tributa  the  inferior  magistrates  were  usu- 
ally the  accusers,  as  the  tribunes  or  aediles,  Liv.  iii.  55,  iv. 
21.  Val.  Max.  vi.  1,  7.  Gell.  x.  6  ;  ii\  the  Comitia  Centuri- 
c^r2,t  he  superior  magistrates, as  the  consuls  or  prretors ;  some- 
times, also  the  inferior,  as,  the  quaestors  or  tribunes,  Liv.  ii. 
41.  iii.  24,  25.  vi.  20.  But  they  are  supposed  to  have  acted 
by  the  authority  of  the  consuls. 

No  person  could  be  brought  to  atrial,  unless  in  a  private 
station.  But  sometimes  this  rule  was  violated,  Cic.  pro 
Flacc.  3.  Liv.  xliii.  16. 

The  magistrate  who  was  to  accuse  any  one,  having  call- 
ed an  assembly,  and  mounted  the  Rostra,  declared  that  he 
would,  against  a  certain  day,  accuse  a  particular  person  of 
a  particular  crime,  and  ordered  that  the  person  accused  (r<?- 
us)  should  then  be  present.  This  was  called  DICEHE  DI- 
EM, sc-  accusationis,  vel  did  dictio.  In  the  mean  time  the 
criminal  was  kept  in  custody,  unless  he  found  persons  to 
give  security  for  his  appearance,  (SPONSORES  eum  inju- 
dicio  ad  diem  dictam  sistendi,  aiit  mulctam,  qua  damnatus 
essety  solvendi),  who,  in  a  capital  trial,  were  called  VADES, 
Liv.  iii.  13.  xxv.  4.  and  for  a  fine,  PR^EDES,  Ge/i.  vii. 
19.  Auson.  Eidyll.  347.  (c  prcsstando,  Varr.  iv.  4.)  thus, 
Frcsstare  aliquem^  to  be  responsible  for  one,  Cic.  ad  Q-  Fr. 
i.  1 . 3  E70  Messalam  Casaripi'astabo^  ib.  iii-  8.  So,  Att.  vi- 
3.  Pirn.  Pan.  83. 

When  the  day  came,  the  magistrate  ordered  the  criminal 
fo  be  cited  from  the  Rostra  by  a  herald,  JAv.  xxxviii.  5 J 


272  ROMAN  ANTIQUITIES. 

Suet.  Tib.  11.  If  the  criminal  was  absent,  without  a  valid 
reason,  f6"z«i?  CAUSA  SONTIC A),  he  was  condeumed. 
If  he  was  detained  by  indisposition  or  any  other  neoessury 
cause,  he  was  said  to  be  excused,  (EXCUSARI),  Lw.  ihid. 
52.  and  the  day  of  trial  was  put  oft',  {dies  PRODIC TUS 
ytXproductus  est.) 

Any  equal  or  superior  magistrate  might,  by  his  negative, 
hinder  the  trial  from  proceeding,  ibid. 
-  If  the  criminal  appeared,  isi  reus  se  stitisset,  vel,  si  siste- 
retur)  and  no  magistrate  interceded,  the  accuser  entered  up- 
on his  charge,  {accusationem  instituebat)  which  was  repeated 
three  times,  with  the  intervention  of  a  day  between  each, 
and  supported  by  witnesses,  writings,  and  other  proofs.  In 
each  charge  the  punishment  or  fine  was  annexed,  which  was 
called  ANQUISITIO.  Sometimes  the  punishment  at  first 
proposed,  was  afterwards  mitigated  or  increased.  In  mulcta 
temperarunt  tribiini ;  quum  capitis  anquisisse7it,  Liv.  ii-  52. 
Quum  tribunus  hispecunia  anquisisseiit ;  tertio  se  capitis  an- 
quir ere  dicer et.,  &fc.  Turn  perduellonis  sejudicare  Cn.  Fulvio 
dixit.,  that  he  prosecuted  Fuivius  for  treason,  Liv.  xxvi.  3. 

The  criminal  usually  stood  under  the  Rostra  in  a  mean 
garb,  where  he  was  exposed  to  the  scoffs  and  railleries  fpro* 
bris  et  conviciis)  of  the  people,  ibid. 

After  the  accusation  of  the  third  day  was  finished,  a  bill 
(ROGATIO)  was  published  for  three  market-days,  as  con- 
cerning a  law,  in  which  the  crime  and  the  proposed  punish- 
ment or  fine  were  expressed.  This  was  called  MULCT-^ 
PCENiEVE  IRROGATIO ;  and  the  judgment  of  the 
people  concerning  it,  MULCTiE  PCENiEVE  CERTA. 
TIO,  Cic.  de  Legg.  iii.  3-  For  it  was  ordained,  that  a  capi- 
tal punishment  and  a  fine  should  never  be  j  ;ined  together, 
{ne  pcena  capitis  cum  pecunia  conjungeretur).,  Cic.  pro  Dom. 
17.  {Tribuni  plebis  ofiiissa  mulcta  certationc^  rei  capitalis 
Posthumio  dixerunt),  Liv.  xxv.  4. 

On  the  third-market  day,  the  accuser  again  repeated  his 
charge:  and  the  criminal,  or  an  advocate  ipatronus)  for 
him,  was  permitted  to  make  his  defence,  in  which  every 
thing  was  introduced,  which  could  serve  to  gain  tht  favour 
of  the  people,  or  move  their  compassion,  Cic,  pro  Rabir, 
Liv.  iii.  12.  58. 


JUDICIAL  Proceedings,  8Pc.  273 

Then  the  Comitia  were  summoned  against  a  certain  d>iy, 
in  which  the  people  by  their  suffrages  should  determine  the 
fate  of  the  criminal.  If  the  punishment  proposi  d  was  only 
a  fine,  and  a  tribune  the  accuser,  lie  could  summon  tlie  Co» 
mitia  Tnfmta  himself;  but  if  the  trial  was  capital,  he  asked 
a  day  for  the  Comuia  Cmturiata  from  the  consul,  or  in  his 
absence,  fn^m  the  prnetor,  Liv.  xxvi.  3  xliii.  16.  In  a  ca- 
pital trial  the  people  were  called  to  the  Comitia  by  a  trum- 
pet, Cclassico),  Seneca  de  Ira,  \.  16- 

The  criminal  and  his  friends  in  the  mean  time  used  every 
method  to  induce  the  accuser  to  drop  his  accusation,  (accw- 
sattone  desistere)-  If  he  did  Sf"),  he  anpeared  in  the  assembly 
of  the  people,  and  said  SKMPRONJUM  NIHIL  MO- 
ROR,  Liv.  iv.  42.  vi.  5.  Ifthi^  could  not  be  effected,  the 
usual  arts  were  tried  to  prevent  the  people  from  voting,  (see 
p.  96.)  or  to  move  their  compassion,  Liv.  vi.  20.  xliii^  16. 
Ge/L  iii.  4. 

The  criminal  laying  aside  his  usu.il  robe,  (to^^a  alha)  put 
on  a  sordid,  i.  e.  a  ragged  and  old  go>vn,  {sordidam  et  ohsole- 
tam)  Liv.  ii.  61.  Cic.  Verr.  i.  S^.  not  a  mourning  oneipul- 
lam  vel  atram),  as  some  have  thought ;  and  in  this  girb 
went  round  and  supplicated  the  citizens ;  whence  sordes  or 
squalor  is  put  for  guilt,  and  sordidati  or  sqiialidi  for  crimi- 
nals. His  friends  and  relations,  and  others  who  chose,  did. 
the  same,  Liv.  iii.  58.  Cic.  pro  Sext.  14.  When  Cicero  was 
impeached  by  Clodius,  not  only  iheequitcsy  and  many  young' 
noblemen  of  their  own  accord,  {privato  consensu),  but  the 
whole  senate,  by  pnl^iic  consent,  (publico  consilio) ,  chitngecl 
their  habit  (vestem  mutahant)  on  his  account,  ibid.  11,  12, 
which  he  bitterly  complains  was  prohibited  by  an  edict  of 
the  consuls,  c.  14.  Pis.  8,  &  18.  post  redit  in  Sen.  7.  Dio. 
■xxxvii.  16. 

The  people  gave  their  votes  in  the  same  manner  in  a  trial, 
as  in  passing  a  law-  (See  p.  100.)  Liv.  xxv.  4. 

If  any  thing  prevented  the  people  from  voting  on  the  day 
of  the  Comitia,  the  crimii^cd  was  discharged,  and  the  trial 
could  not  again  be  resumed,  Csi  qua  res  ilium  diem  aut  aus- 
plots  au*  excusatione  sustuUt,  tota  causa  judiciumque  sub- 
latum  eH),  Cic.  pro  Dom.  17.  Thus  iVktellus  Celer  saved 
Rabiriusirom  being  condemned,  who  was  accused  of  t4ie 


S74  ROMAN  ANTIQUITIES. 

murder  of  Saturninus  forty  years  after  it  liappened,  Cic.  pre 
Rabir.  by  pulling  down  the  standard,  which  used  to  be  set 
up  in  the  Janiculum,  (see  p.  90)  and  thus  dissolving  the  as- 
sembly, Dio.  xxxvii.  27. 

If  the  criminal  was  absent  on  the  last  day  of  his  trial, 
tvhen  cited  by  the  herald,  he  anciently  used  to  be  called  by 
the  sound  of  a  trumpet,  before  the  door  of  his  house,  from 
the  citadel,  and  round  the  walls  of  the  city,  Varr.  cle  Lat. 
JL'mg.  V,  9.  If  still  he  did  not  appear,  he  was  banished,  (ex- 
ilium  ei  sciscebatur) ;  or  if  he  fled  the  country  through  fear, 
his  banishment  was  confirmed  by  the  Comitia  Tributa, 
See  p.    IOC. 

II.  CRIMINAL  TRIALS  before  INQUISITORS. 

TNQUISiTORS(QU.^SITORES)werepersons  invest- 
-■■-  ^d  with  a  temporary  authority  to  try  particular  crimes. 
They  vvere  created  first  by  the  kings,  IJv.  i.  26.  then  by  the 
people,  usually  in  the  Comitia  Tributa,  iv,  51.  xxxviii.  54. 
and  sometimes  by  the  senate,  ix.  26.  xliii.  6.  In  the  trial  of 
Robiiius,  they  were,  con'rary  to  custom,  appointed  by  the 
praetor,  Dio.  37,  27,  Suet,  Cas.  12. 

Their  numb'^r  varied.  Two  were  usually  created,  (DU- 
UMViRI),  Liv.  vi.  20.  sometimes  three,  Sallust.Jug.  40. 
ard  sometimes  only  one,  Ascon,  in  Cic.  pro  Mil.  Their  au- 
thority ceased  when  the  trial  was  over,  (see  p.  134).  The  or- 
dinary magistrates  were  most  frequently  appointed  to  be  in- 
quisitors ;  but  sometimes  also  private  persons,  Liv.  passim. 
There  was  sometimes  an  appeal  made  from  the  sentence  of 
the  inquisitors  to  the  people,  as  in  the  case  of  Rabirius,  Suet, 
Ctes.  1 1- Dio.  xxxvii.  27.  HencG  Def err  e judicium  a  subselli- 
is  in  rostra^  i.  e.  ajudicibus  ad populum,  Cic.  Cluent.  6. 

Inquisitors  had  the  same  authority,  and  seem  to  have  con- 
ducted trials  with  the  sam.e  formalities  and  attendants,  as 
the  praetors  did  after  the  institution  of  the  Qucestiones  per- 
pettics.  1  o  the  office  of  QiKesitores  Virgil  alludes,  jEn,  vi. 
432.  Ascon.  in  action,  in  Verr. 

CRIMINAL  TRIALS  before  the  PRAETORS. 

THE  praetors  at  first  judged  only  in  civil  causes;  and 
only  two  of  them  in  these,  the  praetor  Urbanus  and  /*<?- 
regrinus.  The  other  praetors  were  sent  to  govern  provinces. 


Judicial  I^roceedincs,  ^c.  275 

.All  criminal  trinls  of  importance  were  held  by  inquisitors 
created  on  purpose. 

But  after  the  institution  of  the  Q^uxstiones  per[)eHt<s^  A* 
U  604,  all  the  praetors  remained  in  the  city  during  tlie  time 
of  their  office-  After  the  election,  they  determined  by  lot 
their  different  jurisdictions. 

Two  of  them  took  cognizance  of  private  causes,  as  for-^ 
merly,  and  the  rest  presided  at  criminal  trials ;  one  at  trials 
concerning  extortion;  another  at  trials  concerning  bribery, 
&:c.  SoTietimes  there  were  two  praetors  for  holding  trials 
concerning  one  crime  ;  as,  on  account  of  the  multitude  of 
criminals  concerning  violence  Cic.  pro  Cluent.  53-    Some- 
times one  praetor  presided  at  trials  concerning  two  different 
cri.nes,  Cic.  pro  C^l.  13.   And  sometimes  the  Prcctor  Pere- 
grinush.x:\({  criminal  trials;  as,  concerning  extortion,  A^con. 
in  Cic,  in  Uj^-  cand.  2. ;  so  also,  according  to  some,  the  pree- 
tor  Urhanus. 

The  praeior  was  assisted  in  trials  of  importance  by  a  coun- 
cil of  select  J  udices  or  jurymen;  the  chief  of  whom  was 
called  JUDEX  QUiESTIONIS,  or  Princeps  judicum, 
Cic.  et  Ascon.  Some  have  thought  this  person  the  same 
with  tlie  p7-^tor  or  qucssitor  ;  but  they  were  quite  different, 
Cic.  pro  Cluent.  27.  33,  58.  in  Verr.  i.  61.  Qidnctil.  viii.  3- 
The  ;«(/'\r  qinestionis  supplied  the  place  of  the  praetor  when 
absent,  or  too  much  engaged. 

1.  The  Choice  of  the  Judices  or  Jury. 

The  judices  were  at  first  chosen  only  from  among 
the  senators ;  then,  by  the  Sempronian  law  of  C.  Gr?cchus, 
only  from  among  the  equites  ;  afterwards,  by  the  Servilian 
law  of  Caspio,  from  both  orders ;  then,  by  the  Glaucian 
law,  only  from  the  equites  ;  by  the  Livian  law  of  Drusus, 
from  the  senators  and  equites.  But  the  laws  of  Drusus 
being  soon  after  set  aside  by  a  decree  of  the  senate,  the 
right  of  judging  was  again  restored  to  the  equites  ^\owt. 
Then,  by  the  Plautian  law  of  Silvanus,  the  judices  were 
chosen  from  the  senators  and  equites,  'nid  some  of  them  al- 
SQ  from  the  plebeians  ;  then  by  the  Cornelian  law  of  Sylla, 
only  from  the  senators  ;  by  the  Aurelian  law  of  Cotta,  from 
the  senators,  the  equites,  and  tribnni  t^rarii ;  by  the  Jir- 


276  ROMAN  ANTIQUITIES. 

lion  law  of  Caesar,  only  from  the  senators  and  equifes  ;  and 
by  the  law  of  Antony,  also  from  the  officers  of  the  army. 
Sef  Manutius  de  tegg-  ;  for  Stgonius  and  HtinecciuSy  who 
cofrs^  him,  give  a  wrong  -riccount  of  this  matter. 

The  number  ofthejwr/7><?*  was  different  at  different  times. 
By  the  law  of  Gracchus  300  :  of  Servilius,  450  ;  of  Dru- 
sus,600  ;  of  Pluitins,  525  ;  of  Sylla  and  Cotta,  300,  as  it 
is  th<iught  from  Cic,  Fam.  viii-  8.  of  Pompey,  360,  Paterc, 
ii.  76.  Ujider  the  emperors,  the  number  of  judices  was 
greatly  increased,  Plin.  xxxiii.  1. 

By  the  Servilian  law,  it  behoved  the  judices  to  be  above 
thirty,  and  below  sixty  years  of  age.  By  other  laws  it  was 
required,  that  thev  should  be  at  least  twenty-five,  D.  4.  8. 
but  Augustus  ordered  X\\-a\  judices  might  be  chosen  from  the 
age  of  twenty,  {a  vicesimo  allegit).  Suet.  Aug.  32.  as  the 
best  commentators  read  the  passage. 

Certain  persons  could  not  be  chosen  judices,,  either  from 
some  natural  defect,  as,  the  deaf,  dumb^  Sec.  or  by  custom, 
as,  women  and  slaves  ;  or  by  law,  as  those  condemned  upon 
trial  of  some  infamous  crime,  {turpi  etfamoso  judicio^  e.  g. 
€(dumm(S^  prcevaricationis^furti^  vi  bonorum  raptorem,  inju- 
riarum,  de  dolo  malo^  pro  socio,  mandati,  tutelce^  depositi, 
&.C.)  and,  by  the  Julian  law,  those  degraded  from  being  se- 
nators ;  which  was  not  the  case  formerly,  Cic.  Cluent.  43. 
see  p.  7. 

By  the  Pompeian  law,  the  judices  were  chosen  from  a- 
mong  persons  of  the  highest  fortune. 

'The  judices  were  annually  chosen  by  the  prsetor  Urbanus 
or  Peregrinus;  according  to  Dion  Cassius,  by  the  quasstors, 
xxxix.  7.  and  their  names  written  down  in  a  list,  (m  album 
RELATA  vel  albo  descripta).  Suet.  Tib.  51.  Claud.  16.  Do- 
mit.  8.  Senec.  de  benef.  iii.  7.  Gell.  xiv,  2.  They  swore 
to  the  laws,  and  that  they  would  judge  uj^rightly,  to  the  best 
of  their  knowledge,  (deanimi  sententia).  Tht  judices  were 
prohibited  by  Augustus  from  entering  the  house  of  any  one, 
Dio.  liv.  18. 

They  sat  by  the  praetor  on  benches, whence  they  were  call- 
ed his  ASSESSORS  ;  or  Consilium,  Cic.  Act.  Vtrr.  10. 
and  CoNSEssoREs  to  one  another,  Cic,  fiiu  ii.  19.  Sen,  de 
bsnef,  iii,  7,  Qell-  xiv.  2. 


Judicial  Proceedings,  &V.  277 

The  jiidices  were  divided  into  DECURI/E,  according  to 
their  different  orders  ;  thus,  Decuria  senatoria  judi- 
CUM,  Cic.  pro  Ctiient.  37.  tertia,  Phil.  i.8.  Vcrr.  ii.  32.  Au- 
gustus added  a  fourth  decuria.  Suet  32.  Plin.  xxxiii.  7«  (be- 
cause there  were  three  bef(;re,  either  by  the  law  of  Antony, 
or  of  Cotta),  consisting  of  persons  of  an  inferior  fortune.  v\  ho 
were  called  DUCENARII,  because  they  had  only  200,000 
sesterces,  the  half  of  the  estate  of  an  eques,  and  judged  in 
lesser  causes.  Caligula  added  a  fifth  decuria,  Suet.  16.  Plin. 
xxxiii.  1.  s.  8.  Galba  refused  to  add  a  sixth  decuria^  al- 
though strongly  urged  by  many  to  do  it.  Suet.  14. 

The  office  of  a  judex  was  attended  v^  ith  trouble,  Cic.  in 
Verr.  i.  8.  and  therefore,  in  the  time  of  Augustus,  people  de- 
clined it ;  but  not  so  afterwards,  when  their  number  was 
greatly  increased,  Suet,  et  Plin.  ibid. 

2.  The  Accuser  in  a  Criminal  Trial. 

Any  Roman  citizen  might  accu^^e  another  before  the  prae- 
tor. But  it  was  reckoned  dishonourable  to  become  an  accu- 
ser, unless  for  the  sake  of  the  republic,  to  defend  a  client,  or 
to  revenge  a  father's  quarrel,  Cic.  de  Off.  ii.  14.  Divinat-  20. 
Verr.  ii.47.  Sometimes  young  noblemen  undertook  the  pro- 
secution of  an  obnoxious  magistrate,  to  recommend  them- 
selves to  the  notice  of  their  fellow- citizens,  Cic.  pro  Cost.  vii. 
30.  in  Fe7'r.  i-  38.  Suet.  Jul.  4.  Plutarch,  in  Lucullo^princ. 

If  there  was  a  competition  between  two  or  more  persons, 
who  should  be  the  accuser  of  any  one,  as  between  Cicero  and 
Caecilius  .Fudccus,  which  of  them  should  prosecute  Verres, 
who  had  been  proprastor  of  Sicily,  for  extortion,  it  was  de- 
tprmined  who  should  be  preferred  by  a  previous  trial,  called 
DIVINATIO  ;  because  there  was  no  question  about  facts, 
but  the  judicesy  without  the  help  of  witnesses,  divined,  as  it 
were,  what  was  fit  to  be  done,  Cic.  divin.  20.  Ascon.  in  Cic. 
Gell.  ii.  4.  He  who  prevailed,  acted  as  the  principal  accu- 
ser/ACCUSATOR);  those  who  joined  in  the  accusation, 
{calls'^  vel  nccusntinvi  fivhacrihehant).  and  assisted  bim,  were 
callel  SUBSCR'PTORES,  Cic.  divin-  15.  Pro  Mur.  24. 
Fam.  vi  '.  8.  nd.  Q.  Frntr.  iii.  4.  hence  subscribcre  jiidirium 
cum  abquo.  to  commence  a  suit  against  one,  Plin-  Ep.  v.  1. 

It  appears,  he wever,  there  were  public  prosecutors  of  pub- 


278  ROMAN  ANTIQUITIES. 

lie  crimes  at  Rome,  Cic  pro  Sex.  Rose.  20.  Plin,  Efiisf. 
iii.  9-  iv.  9.  as  in  Greece,  Cic.  de  legg.  lii.  47- 

Public  informers  or  accusers  fdelatores  vuhlicoruin  crimi- 
num)  were  called  QUADRUPLATORES,  Cic.  Verr,  ii. 
8,  9.  either  because  they  received  as  a  reward  the  fourth  part 
of  the  criminal's  eflfects,  or  of  the  fine  imposed  upon  him  ; 
or,  as  others  say,  because  they  accused  persons,  who,  upon 
conviction,  used  to  be  condemned  to  pay  fourfold,  (quad- 
rupli  damnari)  ;  as  those  guilty  of  illegal  usury,  gaming,  or 
the  like^  Cic.  in  Cacil.  7,  &  22.  et  ibi  Ascon,  Pauius  apud 
Festum.  Tacit,  Annul  iv.  20    But  rnercemry  and  false  ac- 
cusers of  litigant'-(cALUMNiATOREs)chi^fly  Were  called  by 
this  name,  Cic.  Vtrr.  ii.  7.  8,  &  9-  PlauU  Pers.  i.  2,  10.  and 
also  those  judges,  Vv'ho  muking  themselves  parties  in  a  cause, 
decided  in  their  own  favour,  {qui  in  suam  rem  litem  verte- 
rent ;  interceptores  litis  alienx.  qui  sihi  controversiosam  ad- 
judicarent  rem)  Liv.  iii.  72.  Cic.  Csecin.  23.     Seneca  cr.lls 
those  who  for  small  favours  sought  great  returns,  Quadru- 
platores  benejiciorum  suorum,  over-rating  or  over- valuing 
them,  de  Bene/,  vii.  25. 

3.  Manner  o/'Making  the  Accusation. 

Th  e  accuser  summoned  the  person  accused  to  court,  {in 
jus  vocabat)^  where  he  desired  {postulabat)  of  the  inquisitor, 
that  he  might  be  allowed  to  produce  his  charge,  Oiomen  de- 
Jerre),  and  that  the  praetor  would  name  a  day  for  that  pur- 
pose, Cic.  Fam.  viii.  6.  Hence  Postularealiquem  decrimine^ 
to  accuse;  libellus  postulationum.  a  writing  con- 
taining the  several  articles  of  charge,  a  libel,  Plin.  Ep.  x.  85* 

TKis postulatio  or  request  was  sometimes  made  in  the  ab- 
sence of  the  defendant,  Cic.  ad  P'ratr.  iii.  1.  5.  There  were 
certain  days  on  which  the  prastor  attended  to  thes^  requests, 
whenhewas  said  Postulationibus  vacare,  P/zw,  E' 
pist.  vii.  33. 

On  the  day  appointed,  both  parties  being  present,  the  ac- 
cuser first  took  {concipiebat)  a  solemn  oath,  that  he  did  not 
accuse  from  malice,  Ccalumniam  jurabat),  and  then 
the  charge  v/as  made  {delatio  no  minis  fiebat)  in  a  set  form  ; 

thus,  DICO  Z;<?/ AIO,  TE  IN  PRiETURA  SPOLJASSE  SICU- 
LOS  CONTRA  LEGEM  CoRNELIAM,  AT(^UE  EC  NOMINE 
GESTEBTIUM  MILLIES  A  TE  BfiPETO,  Cic,  divi?h  5. 


Judicial  Proceedings,  ^c.  279 

If  the  criminal  was  silent  or  confessed,  an  estimate  of  da- 
mages vvas  made  out  (ij.s  ei  vel  ejus  astimabatur),  and  the 
affair  was  ended.  But  iT  he  denied,  the  accuser  requested 
{postidavit)  that  liis  name  migb.t  be  entered  in  the  roll  of 
criminals,  {ut  noyren  inter  reos  reciperetur^  i.  e.  ut  in  tabu- 
lam  inter  reos  referretur),  and  thus  he  vvas  said  REUM 
Jiicere,  lege\.  /egibus  interrogare,  postulare :  MULCT  AM 
aut  pcetiam  petere  et  repetere.  These  are  equivalent  to,  no- 
men  dt^/erre,  and  different  from  accusare^  which  properly  sig- 
nifies to  substantiate  or  prove  the  charge,  the  same  with 
causam  agere,  and  opposed  to  defendere,  Quinctilian,  v.  13, 
3.  Cic.  Gael.  3.  Dio,  xxxix.  7- Digest. /.  \Q.  de  jure  pa- 
tron. 

If  the  praetor  allowed  his  name  to  be  inrolled,  (for  he  might 
refuse  it,  Cic.  Fam.  viii.  8.),  then  the  accuser  dehvered  to  the 
praet^or  a  scroll  or  tablet,  (LIBELLUS),  accurately  written, 
mentioning  the  name  of  the  defendant,  his  crime,  and  every 
circumstance  relating  to  the  crime,  which  the  accuser  sub- 
scribf  d,  Phv.  Ep-  i.  20.  v.  1.  or  another  for  him,  if  hecould 
not  write  ;  at  the  same  time  binding  himself  to  submit  to  a 
certain  punishment  or  fine,  if  he  did  not  prosecute  or  prove 
his  charge  ;  {cavebat  se  in  crimine  perseveraturum  usque  ad 
sent^itiam.) 

There  were  certain  crimes  which  were  admitted  to  be 
tried  in  preference  to  others,  (extra  ordinem)^  as,  concerning 
violence  or  murder,  Pirn.  Ep.  iii.  9.  And  sometimes  the 
accused  brought  a  counter  charge  of  this  kind  against  his  ac- 
cuser to  prevent  his  own  trial,  Cie.  Fam.  viii.  8.  Dio.  xxxix- 
18. 

Then  the  prstor  appointed  a  certain  day  for  the  trial,  usu- 
ally the  tenth  day  after,  Cie.  ad  Q.  Fratr.  ii.  13.  Ascon.  hi 
Cornel  ;  sometimes  the  30th,  as  by  the  Licinian  and  Julian 
laws,  Cic.  in  Fat.  14.  But  in  trials  for  extortion  the  accuser 
required  a  longer  interval.  Thus  Cicero  was  allowed  110 
days,  that  he  might  go  to  Sicily  in  order  to  examine  wit- 
nesses, and  collect  facts  to  support  his  indictment  against 
Verres,  although  he  accomplished  it  in  fifty  days,  Ascon.  in 
loc-  Cic.  Verr.  Act.  prim.  2. 

In  the  mean  time  the  person  accused  changed  his  dresS) 
(see  p.  93.)  and  sought  out  persons  to  defend  his  cause* 


280  ROMAN  ANTIQUITIES. 

Of  defenders  (DEFENSORES),  Asconius mentions  four 
kinds  ;  PATRON  I  vel  orator  es,  who  pleaded  the  cause  ; 
ADVOCATI,  who  assisted  by  their  council  and  presence  ; 
(the  proper  meaning  of  the  word,  Liv.  ii.  55.)  PROCURA- 
TORES,  who  managed  the  business  of  a  person  in  his  ab- 
sence ;  and  COGNITORES,  who  defended  the  cause  of  a 
person  when  present,  Atcon.  in  divin.  in  Cacil.  4.  Fi^stus. 
But  a  cognitor  might  also  defend  the  cause  of  a  person  when 
absent,  Horat.  Sat,  ii.  5.  v,  28.  C'lc.  Rose.  Com.  18.  hence 
put  for  any  defender,  Liv.  xxxix.  5.  The  procuratores, 
however, and  cognitores  were  used  only  in  private  trials;  the 
patroni  and  advocati,  also  in  public.  Before  the  civil  wars, 
one  rarely  employed  more  than  four  patrons  or  pleaders,  but 
afterwards  often  twelve,  Ascon,  in  Cic.  pro  Scaur. 

4.  Manner  of  conducting  the  Trial. 

On  the  day  of  trial,  if  the  praetor  could  not  attend,  the 
matter  was  put  off  to  another  day.  Bi't  if  he  was  present, 
both  the  accuser  and  defendant  were  cited  by  a  herdd-  If 
the  defendant  was  absent,  he  was  exiVd.  Thus  Verresj 
after  the  first  oration  of  Cicero,  against  him,  called  acfw  pri- 
ma, went  into  voluntarv  banishment ;  for  the  five  last  ora- 
tions, called  libri  in  Ferrem,  were  never  delivered,  Ascon, 
in  Ferr.  Verres  is  said  to  have  been  afterwards  restored  by 
the  influence  of  Cicero,  Senec.  Suns.  vi.  6.  and,  what  is  re- 
markable, perished  together  with  Cicf^ro  in  the  proscription 
of  Antony,  on  account  of  his  Corintbi'n  vessels,  which  he 
would  not  part  with  to  the  Triumvir,  Plin.  xxxiv.  2.  Lac- 
tant.  ii.  4- 

If  the  accuser  was  absent,  the  name  of  the  defendant  was 
taken  from  the  roll  of  criminals,  (de  rets  exemptum  est)^ 
Ascon.  in  Cic. 

But  if  both  were  present,  the  judices  or  fun' were  first 
chosen,  either  bv  lot  or  by  naming,  {per  SORTITION  EM 
z;f/EDITIONEM),  according  to  the  nature  of  the  crime, 
and  the  law  by  which  it  was  tried.  If  by  lot,  the  pr^tor  or 
Judex  questionis  put  into  an  urn  the  names  of  all  those  who 
were  appointed  to  he  judices  for  that  year,  and  then  took  out 
by  chance  r^or^e  educebat)ihtwwmha-  which  the  law  pre- 
scribed.   After  which  the  defendant  and  accuser  were  al- 


JiJdicial  Proceedings, &V.  2B1 

lowed  to  reject  {rejicerc)  s'lch  as  they  did  not  approve,  and 
the  prretor  or  judex  qufcstionis  substituted  (subsortiedatur) 
othefb  in  their  room,  till  the  iegjl  number  was  completed, 
Cic.  in  Fcrr.  Act.  \.  7-  A  scon,  in  Cic. 

Sometimes  the  kw  allowed  the  accuser  and  deff^ndnnt  to 
chuse  tUcjudices  :  in  which  cjise  they  v. ere  said  JenicES 
EDERE.  anl  the  judiccs  vvcre  called  FiDITITII,  Cic.  pro 
Mitrni.  23.  Plane-  15,  17.  Thus  by  the  Servilian  law  of 
Gluicia  agiiiost  extortion,  the  accuser  was  ordered  to  name 
from  the  whole  number  o^judicta  an  hundnd,  and  from 
that  hundred  'he  defendant  to  chuse  fifty.  By  the  Licinian 
law,  r/c'  sodalitiis,  the  accuser  was  allo^ved  to  name  the  j ury 
from  the  people  at  large,  Cic.  pro  Plane.  17. 

Thtjudtces  or  jury  being  thus  chosen,  were  cited  by  a 
herald.  Tho^e  who  could  not  attend,  produced  their  ex- 
cuse, v'hich  the  praetor  might  sustain  (acciperej  or  not,  as 
he  pleased,  Cie.  Phil  v.  5- 

When  they  were  all  assembled,  they  swore  to  the  laws, 
and  that  they  would  judge  uprightly,  Cic.  pro  Rose.  Am, 
3.  hci>ce  called  Jurati  homines,  Cie.  Act.  in  Fnrr.  13. 
The  Praeror  himself  did  not  swear,  ibid.  9.  Then  their 
names  »vere  marked  dovvn  in  a  book,  {libellis  consip^nahan^ 
turj,  and  they  took  their  seats,  (subsellia  occupabantj,  As- 
con,  in  V'err.  act.  i.  6. 

The  triru  now  began  :  and  the  accuser  proceeded  to  prove 
his  charge,  which  he  usually  did  in  two  actions,  {duobus 
actionibus).  in  the  first  action,  iie  produced  his  evidence  or 
proois  :  and  in  the  second  he  enforced  them. 

The  proofs  were  of  three  kinds,  the  declaration  of  slaves 
extorted  by  torture.  (QUiESTIONES),  the  testimony  of 
free  citizeuLs,  (TES  ri:^>5),  and  writings,  (TABUL/E). 

1.  Qu^tSSTiONES.  The  slaves  of  the  defendant  were 
demanded  by  the  prosecutor  to  be  examined  by  torture  in 
several  trials,  chiefly  fur  murder  aiid  violence.  But  slaves 
could  not  be  examined  in  this  manner  against  their  mas- 
ter's life,  Cin  caput  dominij  except  in  the  case  of  incest,  or 
a  conspiracy  agamst  the  state,  Cic.  Topic.  34.  Mil.  20^ 
Dtjot.  1.  Augustus,  in  order  to  elude  this  law,  and  sub- 
ject the  slaves  of  the  crimiiial  to  torture,  ordered  that  they 
should  be  sold  to  die  public,  or  to  hnnself,  Dio^  Iv.  5.  Ti- 

PP 


^S2  ROMAN  ANTIQUITIES, 

berius,  to  the  public  prosecutor ;  Mancipari  puitlico 
AC  TORI  juBET,  Tacit.Annal  ii.  30.  iii.  67.  but  the  ancient 
Jaw  was  afterwards  restored  by  Adrian  and  the  Antonines, 
D.  xlviii.  18.  de  qiicest. 

The  slaves  of  others  also  were  sometimes  demanded  to  be 
examined  by  torture  ;  but  not  without  the  consent  of  their 
master,  and  the  accuser  giving  security,  that  if  they  were 
maimed  or  killed  during  the  torture,  he  would  make  up  the 
damage,  ibid. 

When  slaves  were  examined  by  torture,  they  were  stretch- 
ed on  a  machine,  called  ECULEUS,  or  Equuleus^  having 
their  legs  and  arms  tied  to  it  with  ropes,  ifidiculis^  Suet.  Tib. 
62.  Cal.  33.)  and  being  raised  upright,  as  if  suspended  on 
a  cross,  their  members  were  distended  by  means  of  screws, 
per  cochleas)^  sometimes  till  they  were  dislocated,  {utossi- 
um  compago  resolveretiir)  ;  hence  Eculeo  longiorf actus, 
Senec.  Epist.  8.  To  increase  the  pain,  plates  of  red  hot  iron,, 
{lamina  candentes),  pincers,  burning  pitch,  &c.  were  ap- 
plied to  them.  But  some  give  a  diiferent  account  of  this 
matter. 

The  confessions  of  slaves  extorted  by  the  rack,  were 
written  down  on  tables,  which  they  sealed  up  till  they  were 
produced  in  court,  Cic.  Mil.  22.  Private  persons  also  some- 
times examined  their  slaves  by  torture,  Cic.  pro  Cluent.  63. 
66. 

Masters  frequently  manumitted  their  slaves,  that  they 
might  be  exempted  from  this  cruelty,  LiV'  viii.  15.  Cic.  MiL 
21.  forn<^  R.man  citizen  could  be  scourged  or  put  to  the 
rack,  Cic'  Verr,  v.  63.  But  the  emperor  Tiberius  subjected 
free  citizens  to  the  torture,  Dio.  Ivii.  19. 

2.  TESTES,  Free  citizens  gave  their  testimony  iipoa 
oath,  (Ju7'ati),  The  form  of  interrogating  them  was,  Sexte 

TeMPANI,  qU^EO    EX  TE,  ARBITRERISNE,    C.  ScmprO- 

nium  in  tempore  pugnam  inisse  ?  Liv.  iv.  40.  The  witness 
answered,  Arbitror  vel  non  arbitror,  Cic.Acad.iY, 
47.  pro  Font.  9. 

,  Witnesses  were  either  voluntary  or  involuntary  yQuinctili- 
an.  V.  7.  With 'regard  to  both,  the  prosecutor,  {actor  vel  ac- 
c«5a^or)  was  said.  Testes  dare,  adhibere^  citare,  colli-- 
sere,  edere^proferre^  subornare^ytl  prod u cere,  Cic.  Ferr, 


Judicial  Proceedings,  be.  283 

i.  18-  V.  63.  Fin.  ii.  19,  Juvenal,  xvi.  29,  Sec.  Testibus 
UTi,  Cic.  JRosc.  .dm.  36.  Witli  regard  to  the  latter,  lis 
TESTIMONIUM  DENUNciAKE,  to  summon  thcm  under  a 
penalty,  as  iii  England  by  a  writ  called  a  subtoena,  Cic. 
ibid.  38.  in  Ferr.l.  19.  Jnvitos  evocare,  F/in.  Ep.  iii. 
9.  The  prosecutor  only  was  allowed  to  summon  witnesses 
against  their  will,  Qmnctil.  v.  7.  Flin.  Ep-  v.  20  vi.  5.  and 
of  these  a  different  number  by  different  laws,  Fal.  Max. 
viii.  1.  Frontin.  de  limit.  5.  usually  no  more  than  ten,  D.  de 
testib. 

Witnesses  were  said  Testimonium  dice  re,  dare,  per- 
hiberc,  prabere,  also  pro  tfstimonio  audiri^  Suet.  Claud.  15. 
The  phrase  deposition Es  testium,  is  not  used  by  the 
classics,  but  only  in  the  civil  law.  Those  previously  en- 
gaged to  give  evidence  in  favour  of  any  one,  were  called 
Alligati,  Cic-  ad  Ftatr.  ii.  3.  Isidor-  v.  23  ;  if  instructed 
•what  to  say,  subornati,  Cic.  Rose.  Coin.  17.  Flin.  Ep, 
iii.  9. 

Persons  might  give  evidence,  although  absent,  by  writing, 
{per  tabulcis)  ;  but  it  was  necessary  that  this  should  be  done 
voluntarily,  and  before  witnesses,  ^prasentibus  sign  at  o- 
RiBus),  Quinctil-  v.  7. 

The  character  and  condition  of  witnesses  were  particular- 
ly attended  to,  (diligentur  expendebantiirj,  Cic.  pro  Flacc. 
5. 

No  one  was  obliged  to  be  a  witness  against  a  near  relation 
or  friend,  by  the  Jidian  law,  /.  4.  D.  de  Testib.  and  never 
(moremajorum)  in  his  own  cause,  (de  re  sua),  Cic-  Rose. 
Am.  ^e>. 

The  witnesses  of  each  party  had  particular  benches  in 
the  Forum,  on  which  they  sat,  Cic.  pro  Q.Fosc.  13.  Quinc- 
til. V.  7. 

Great  dexterity  was  shewn  in  interrogating  witnesses, 
Cic.  pro  Flacc.  10.  Donat.  in  Teren-  Eunuch,  iv.  4.  v.  3o. 
Quinctil.  v.  7. 

Persons  of  an  infamous  character  were  not  admitted  to 
give  evidence,  {testes  non  adhihiti  sunt),  and  therefore  were 
called  INTESTABILES,  Plaut.  CurcuL  i.  5.  v.  30.  He- 
rat. Sat-  ii.  3.  V.  181.  Gell.  vi.  7.  vii.  18.  as  those  likewise 
were,  who  being  once  called  as  witnesses,  {antcstuti,  v.  iyi 


284  ROMAN  ANTIQUITIES. 

testimonium  adhihitij ^  afterwards  refused  to  give  their  testi- 
mony, Gdl.  XV-  13.  Women  anciently  were  not  admitted 
as  witnesses,  GelL  vi.  7.  but  in  after  times  they  were,  Cie, 
Vtrr.  i.  37. 

A  false  witness,  by  the  law  of  the  T'^-elve  Tables,  was 
thrown  from  the  Tarpeian  rock,  Gtll.  xx.  1.  hut  after- 
wards 'the  punishment  was  arbitrary,  /.  16.  Z).  de  Festib. 
et  Sent.  v.  25.  h  2.  exctpt  in  war,  where  a  false  witness 
was  beaten  to  death  with  sticks  by  his  fellow-soldiers,  Po- 
lyh.  vi.  ^^. 

3.  TABULA.  By  this  name  were  called  writings  of 
every  l^ind,  which  could  be  of  use  to  pfove  the  charge; 
particularly  account- books,  ( tabula;  accepti  et  expensiJy 
letters,  bills  or  bonds,  fsyngrapha^J ^  &c. 

In  a  trial  for  extortion,  the  account-books  of  the  person 
accused  were  commonly  sealed  up,  and  afterwards  at  the 
trial  delivered  to  thejudges  for  their  inspection,  Cic.  Vtrr.  i. 
23,  61.  BaU).  5.  The  ancient  Romans  used  to  make  out 
their  private  accounts,  ftabulis^c.  accepti  et  expensi  confi. 
cere  vel  domesticas  ration es  .scriberej^  and  keep  them  with 
great  care.  They  marked  down  the  occurrences  of  each 
day  first  in  a  notebook,  (adversaeia,  -or«m>',  which 
was  kept  only  for  a  month,  {tnknstrua  erant  ;J  and  then 
transcribed  by  them  into  what  we  call  a  Ledger^  (codex  vel 
tabula)^  which  was  preserved  for  ever,  Cic.  Quint.  2.  But 
many  dropped  this  custom,  after  the  laws  ordered  a  man's 
papers  to  be  sealed  up,  when  he  was  accused  of  certain 
crimes,  and  produced  in  court  as  evidences  against  him, 
Cic.  Ftrr.  j.  23,  39R0SC.  Com.  2.  Ccel.  7.  Att.  xii.  5.  Tusc, 
V.  33.  Suet.  C(ss.  47. 

The  prosecutor  having  produced  these  different  kinds  of 
evidence,  explained  and  enforced  them  in  a  speech,  some- 
times in  two  or  more  speeches,  Cic.  in  Verr.  Then  the  ad- 
vocates of  the  criminal  replied ;  and  their  defence  sometimes 
lasted  for  several  days,  Ascoju  in  Cic.  pro  Cornel.  In  the  end 
of  their  speeches  (in  epilogo  vel  ptrorationej ,  they  tried  to 
move  the^ compassion  of  the  judices  ;  and  for  that  purpose 
often  introduced  the  children  of  the  criminal,  Cic.  pro  Sext. 
69.  In  ancient  times  only  one  counsel  was  allowed  to  each 
side,  Flin,  Ep,  i-  20. 


Judicial  Proceedings,  bV.  c285 

In  certain  causes  persons  were  bronglit  to  attest  the  cha- 
racter <if  the  accused,  called  Lauuatores,  Cic.  f)ro  Balb. 
18-  Cluent.  69.  Fam.  i-  9.  Suet  Au^.  56.  If  one  could  not 
produce  at  Kast  ten  nf  th'.sc,  it  was  thought  better  to  pro- 
duce none,  {qii'im  ilium  qua^i  legitimum  Tiiimerum  consue- 
tudinis  fion  exfylere),  C\c.\trr.  v.  22.  Their  declaration, 
or  that  of  i!ie  towns  from  which  they  came,  ^vas  called 
LAUDA  I'lO,  ilnd.  \\  hlch  word  commonly  signifies  a  fu- 
neral oration  delivered  from  the  Rostra  in  praise  of  a» person 
deceased,  by  some  near  relation,  Cic.  di  Orat.  ii.  84.  Liv, 
V.  50.  Su^t.  C^s.  vi-  84.  Aug.  101.  /V>  6.  Tactt.  Annul,  v. 
1.  xvi.  6.  by  an  orator  or  cliief  magistrate,  Flin.  Ep.  ii.  1. 

Each  orator,  when  he  finished,  said  DIXl  ;  and  when  all 
the  pleadi!!gs  were  ended,  a  herald  called  out,  DIXERUNT, 
vel  -ERE,  Ascon.  in  Cic.  Donat.  in  Fer.  Fiiorm.  ii.  3.  90,  &; 
sc.  4. 

Then  the  praetor  sent  the  judices  to  give  their  verdict,  (in 
consilium  mittebat^  ut  sententiam  ftrrent  vel  dicerent)^  Cic, 
Verr.  i.  9.  Cluent  27,  30.  upon  which  they  arose,  and  went 
to  deliberate  for  a  little  among  themselves,  ibid.  Sometimes 
they  passed  sentence  {sententiasjerebant')  viva  voce,in  open 
court,  but  usually  by  ballot.  The  prjetor  gave  to  G-^cti  judex 
three  tablets  :  on  one  was  written  the  letter  C,  for  cotidf^mnOf 
I  condemn  ;  on  another,  the  letter  A,  for  absolvo,  I  acquit ; 
and  on  a  third,  N.  L.  non  liquet,  sc.  mi/iiy  I  am  not  clear, 
C^s-  B-  Civ.  iii.  83.  Each  of  thk  judices  threw  which  of 
these  tablets  he  thought  proper  into  an  urn.  There  was  an 
urn  for  each  order  of  judges  ;  one  for  the  senators,  another 
for  the  equites^  and  a  third  for  the  tribuni  a-rariiy  Cic.  ad  Q. 
Fratr-  ii.  6. 

The  prsetor,  having  taken  out  and  counted  the  ballots,  pro- 
nounced sentence  according  to  the  opinion  of  the  majority, 
iex  plurium  sententia),  in  a  certain  form.  If  a  majority  gave 
in  the  letter  C,  the  praetor  said  Videtltr  fecisse,  guilty, 
Cic.  Ferr.  v.  6.  Acad.  iv.  47.  If  the  letter  A,  Now  vide- 
TUR  fecisse,  not  guilty.  If  N.  L.  the  cause  was  deferred, 
(causa  ampliata  1.^1),  Ascon,  in  C^c. 

The  letter  A  was  called  LITERA  SALUTARIS,  and 
the  tablet  on  which  it  was  marked,  tabella,  absoluto- 
RiA,  Suet,  Aug.  33.  and  C,  litera  TRISTIS,  Cic  Mil.  6. 


286  ROMAN  ANTIQUITIES. 

the  tablet,  damnatoria,  Suet.  ibid.  Among  the  Greeks, 
the  condemning  letter  was  ®,  because  it  was  the  firat  letter 
of  i?av«re5,  dcath  *.  hcHce  called  mortiferum^  Martial,  vii.  36. 
and  m^ru.rij  Pers.  Sat.  4.  v.  13.  rheir  acquitting  letter  is 
unccruiin. 

It  \T3.s  anciently  the  custom  to  use  white  and  black  peb- 
bles Qaf)illi  vel  calcidi)  in  voting  at  trials :  Mos  erat  anti- 
quis  niveis  atrisque  lapillis^  His  damnare  reos.  illis  absolvere 
culpUy  Ovid.  Met.  xv.  41-  Hence  causa  paucoriim  calculo- 
rum,  a  cause  of  small  importance,  where  there  were  few 
judges  to  vote,  Quinctil  viii.  3.  Omnis  calculus  immtttm  de- 
mittitur  ater  in  urnam^  He  is  condemned  by  all  the  judges, 
Ovid,  ibid,  44.  Reportare  calculum  deteriorem,  to  be  con- 
demned ;  melmrem,  to  be  acquitted,  Corp.  Juris- — Errori 
album  calculum  adjicere,  to  pardon  or  excuse,  Plin-  Epist. 
i.  2.  To  this  Horace  is  thought  to  allude.  Sat.  ii.  3.  246. 
Creta  an  carbone  notandi  ?  are  they  to  be  approved  or  con- 
demned ?  and  Persius,  Sat.  v.  108.  but  more  probably  to 
the  Roman  custom  of  marking  in  their  kalendar  unlucky  days 
with  black,  fear  hone,  with  charcoal ;  whence  dies  atri  for 
infaustij,  and  lucky  days  with  white,  icreta  vel  cressa  nota^ 
with  chalk,  Horat.  Od'i.  ^&,  10.  called  Creta,  or  terra 
Cressa  vel  Cretica,  because  it  was  brought  from  that  island :) 
Hence  notare  vel  signare  diem  lactea  gemma  vel  alba,  ms- 
liorihus  lapillis,  vel  albis  calculis,  to  mark  a  day  as  fortunate, 
Martial,  viii.  45.  ix.  S^y-  xi.  37.  Pers.  Sat.  ii.  1.  Plin-  Ep. 
vi.  11-  This  custom  is  said  to  have  been  borrowed  from  the 
Thracians,  or  Scythians,  who  every  evening,  before  they 
slept,  threw  into  an  urn  or  quiver,  a  white  pebble,  if  the 
day  had  passed  agreeablj^ ;  but  if  not,  a  black  one.  And  at 
their  death  by  coimting  the  pebbles,  their  life  was  judged  to 
have  been  happy  or  unhappy,  Plin-  vii.  40.  To  this  Mar- 
tial beautifully  alludes,  xii.  34. 

The  Athenians,  in  voting  about  the  banishment  of  a  ci- 
tizen who  was  suspected  to  be  too  powerful,  used  shells,  (««•- 
■T^»xtt  tested  \q\  testulccj,  on  which  those  who  were  for  banish- 
ing him  wrote  his  name,  and  threw  each  his  shell  into  an 
urn.  This  was  done  in  a  popular  assembly  ;  and  if  the  num- 
ber of  shells  amounted  to  6000,  he  was  banished  for  ten 
years  (testarum  snffragiis J  hy  an  ostracism,  as  it  wa§ 


Judicial  ProceedinCs,  C^^r,  287 

willed,  Nef).  in  Themut.  8.  Aristid.  1.  Cun.  3.  Dioclorus 
says,  for  five  years,  xi.  55. 

When  the  oumbcr  of  jiidgfswho  condemned,  and  of  those 
who  acqui^tfYl,  wns  cquul,  tho  criminal  \\a^  v,:q ;iirt;"«l,  Cic, 
Cluent.  27.  Plutarch' in  il/am,  (see  p.  100.)Calculo  Mi- 
ne rv  /E,  by  the  vote  of  Min<jrv:i,  as  it  \vas  ir  rmrd  ;  "occause 
when  Orestes  was  tried  before  the  Areoitagus  at  Athens  for. 
the  murder  of  his  mother,  and  the  judges  ^vere  divided,  he 
was  acquitted  by  the  determi\iation  {sentmtia)  of  that  god- 
dess, Cic.  pro  Alii.  3-  ct  tin  Lambm.  JEschyl.  Eumcnid.  v. 
738-  In  allusion  to  this,  a  privilege  was  granted  to  Augus- 
tus, if  the  immber  of  the  7" /faVcc.9,  who  condem.ned,  was  but 
one  more  tiian  of  those  that  acquitted,  of  adding  his  vote  to 
make  an  equality  ;  and  thus  of  acquitting  die  criminal,  Dio. 
li.  19. 

While  the  judices  were  putting  the  ballots  into  the  urn, 
the  criminal  and  his  friends  threw  themselves  at  their  feet, 
and  used  every  method  to  move  their  compassion,  Valer, 
Max.  viii.  1,  6.  Ascon  in  Cic.  pro  M.  Scauro. 

The  praetor  when  about  to  pronounce  a  sentence  of  con- 
demnation, used  to  lay  aside  his  toga  pratexta^  Plutarch-  in 
Cic.  Senec.  de  Ira,  1.  16. 

In  a  trial  for  extortion,  sentence  was  not  passed  after  the 
first  action  was  finished  ;  th^.t  is,  after  die  accuser  h..'d  finish- 
ed his  pleading,  and  the  defrnder  had  replied  ;  but  the  cause 
was  a  second  time  resumed,  {causa  iterum  diccbatur  vel  age.- 
batiir),  after  the  interval  of  a  day,  or  sometimes  more,  (es- 
pecially if  a  festival  intervened,  as  i-;  the  c;+se  of  Verres, 
Cic.  Verr.  i.  7.)  which  was  called  COMPERENDINA- 
TIO,  or  -atus,  -tu>\  Cic.  Vcrr.  i-9.  et  Ascon.  ibi,  &c-  Then 
the  defender  spoke  first,  snd  rlie  accuser  replied;  after  which 
sentence  was  passed.  This  was  done,  although  the  cause 
was  perfectly  clear,  by  the  Glaiician  law  ;  but  before  that, 
by  the  Acillian  law^  criminals  v.'ere  condemned  after  one 
hearing,  fsemel  dicta  causa.,  semel  auditis  testibus).,  ibid. 

When  there  was  any  obscurity  in  the  cause,  and  the  jw- 
dices  were  uncertain  whether  to  condemn  or  acquit  the  cri- 
minal, which  they  expressed  by  giving  in  the  tablets,  on 
which  the  letters  N.  L.  were  ^vritien,  and  the  prsetor,  by  pro- 
nouncing AMPLIUS,  Cic.  ihnL  tlie  eause  was  deferred  t» 


288  ROMAN  ANTIQUITIES. 

any  day  the  prsetor  chose  to  name.  This  was  called  Am-^ 
PLiATio  ;  and  the  criminal  or  cause  was  said  amphari ; 
which  sometimes  was  done  several  times,  and  ti.e  c  iuse 
pleaded  each  time  anew,  Cic.  Brut.  22.  Bis  ampliatus,  ter- 
tio  absolutus  est  reus,  Liv-  xliii.  2.  So  iv.  44.  Causa  L.  Cot- 
tes  septies  ampliata, et  ad ultimum  octavo  judicio  absoluta  est, 
Valer.  Max.  viii-  1,  11-  Somttimes  the  praetor,  to  gratify 
the  criminal  or  his  friends,  put  off  the  trial  till  he  should  re- 
sign his  office,  and  thus  not  have  it  in  his  power  to  pass  sen- 
tence Cne  diceret  jus)  upon  him,  Lw.  xli.  22. 

If  the  criminal  was  acquitted,  he  went  home,  and  resumed 
his  usual  dress  (sordido  habifu  posito,  nlbam  togam  resun-ie- 
bat).  If  there  was  ground  for  it,  he  might  bring  his  accuser 
to  a  trial  for  false  accusation,  (c  alumni^),  or  for  what  was 
called  PRiEVARlCATIO  ;  th\t  is,  betraying  the  cause  of 
one's  client,  and  by  neglect  or  collusion  assisting  his  oppo- 
nent, Cic.  Topic-  36.  Plin.E;)ist.  i.20.  iii. 9.  Quinctil.iK.2. 

Pr^^varicap. I,  comp.  oiprcs^tx  varico,  v.  -or  (from  va- 
rus, bow  or  bandy-legged,  crura  incurvn  habens),  signifies 
properly  to  straddle,  to  stand  or  walk  wide,  with  the  feet  too 
far  removed  from  one  another,  not  to  go  straight,  Carator,  ni- 
siineurvus,  praevrsricatur,  i.  e.  non  rectum  sulcum  agit,  vt-I  a 
recto  sulco  diver  tit,  PHn.)  Hence,  to  hhnffle,  to  play  fast  and 
loose,  to  act  deceitfully,  (in  contrariis  causis  quasi  varie  es- 
se positus,  Cic.  ibid.) 

If  the  criminal  was  condemned,  he  was  punished  by  law 
according  to  the  nature  of  his  crime. 

Under  the  emperors,  most  criminal  causes  were  tried  in  the 
senate,  ( Dio.  Ivii.  16.  et  alibi  passim,)  who  could  either  miti- 
gate or  extend  the  rigour  of  the  laws,  {mitigare  leges  et  inten- 
dere,)  Plin.  Ep.  ii.  11.  iv.  9-  although  this  was  sometimes 
contested ;  {altis  cognitionem  senatus  lege  conclusam,  aliis 
liberam  solutamque  dicentibusJ ,  id. 

If  a  person  was  charged  v^ith  a  particular  crime,  compre- 
hended in  a  particular  law,  select  judges  were  appointed ;  but 
if  the  crimes  were  various,  and  of  an  atrocious  nature,  the 
senate  itself  judged  of  them,  Plin.  ii-  10.  as  the  people  did 
formerly  ;  whose  power  Tiberius,  by  tlie  suppression  of  the 
Corz-i^^iiz,  transferred  to  the  senate,  Tacit.  AnnaL\.  15.  When 
any  province  complained  of  tlieir  governors,  and  sent  anibas. 


Judicial  Proceedings,  ^C'  2B9- 

5adors  to  prosecute  them,  {le juntos  vel  inquisitores  mittebant^ 
qui  in  eos  inquisitionem  postu/arent),  the  cause  was  tried  in 
the  senate  ; '  wlio  appcjintcd  certain  persons  of  their  own 
number  to  be  advocates,  Piin.  Ep.  ii.  11.  iii.  9.  commonly 
such  as  the  province  requested,  ibid.  iii.  4. 

When  the  senate  took  cognizance  of  a  cause,  it  was  said 
suscipere  vel  recipcre  coj^mtionem,  and  dare  inquisition  em  ^ 
Plin.  Ep.  vi.  29.  when  it  appf)inted  certain  persons  to  plead 
Qwy  cause,  dare  advoc  atos,  v.  patronos,  Id.  ii.  11.  iii* 
4.  vi.  29.  vii-  6,  33.  So  the  emperor,  Id.  vi  22.  When  se- 
veral advocates  either  proposed  or  excused  themselves,  it 
was  determined  by  lot,  who  should  manage  the  cause,  (wowi- 
na  in  urnam  conjecta  sunt  J,  Id-  x.  20- 

When  the  criminal  was  brought  into  the  senate-house  by 
the  lictors,  he  was  said  esse  in  ductus,  Id.  ii.  11,  12.  v.  4^ 
13.    So  the  prosecutors,  Id.  v.  20. 

When  an  advocatebegan  toplead,  he  was  said,  descendere 
nt  acturus.,  ad  agendum  \t\  ad  accusandum.  Id.  v.  13.  be- 
cause perhaps  he  stood  in  a  lower  place  tlian  that  in  which, 
the  judges  sat,  or  came  from  a  place  of  ease  and  safety  to  a 
place  of  difficulty  and  danger  ;  thus  descendere  in  aciem^  v» 
pralium^  in  campum  v.  Jorum,  &c.  to  go  on  and  finish  the 
cause,  causam  peragere  v.  perferre,  ib.  If  an  advocate  be- 
trayed the  cause  of  his  client,  {si  prtevaricatus  essetj  he  was 
suspended  from  the  exercise  of  his  profession,  (ei  advocati^ 
onibus  interdictum  est),  or  otherwise  punished,  ibid- 

An  experienced  advocate  commonly  assumed  a  young- 
one  in  the  same  cause  with  him,  to  introduce  him  at  the  bar, 
and  recommend  him  to  notice,  {prodiicere,  ostendere  fama^ 
et  assignare  fanu ,  Plin.  Ep-  vi.  23.) 

After  the  senate  passed  sentence,  criminals  used  to  be 
executed  without  delay.  But  Tiberius  caused  a  decree  to 
be  made,  that  no  one  condemned  by  the  senate  should  be 
put  to  death  within  ten  days  ;  that  the  emperor,  if  absent 
from  the  city,  might  have  time  to  consider  their  sentence,  and 
prevent  the  execution  of  it,  if  he  thought  proper,  Dio.  Ivii- 
20.  Iviii.  27.  Tacit.  AnnaU  iii.  51.  Suet,  Ttb>  75.  Seme. 
tranq.  <?«.  14- 

Qo 


^90  HOMAN  ANTIQUrriES. 

5.  DiFTERENT  KiNDs  of  Fu  1^1  siiMEijTs  among  the 

Romans. 

Punishments  among  the  Romans  were  of  eight  kinds. 

1.  MULCTA  vel  damnum,  n  fiae,  which  at  first  never 
exceeded  two  oxen  and  thirty  sheep,  or  the  valuation  of 
them.  See  Lex.  Ateria,  Liv.  iv.  30.  But  afterwards  it 
was  increased. 

2.  VINCULA,  bonds,  which  included  public  and  pri- 
vate custody  ;  public,  m  prison,  into  which  criminals  were 
thrown  after  confession  or  conviction,  Cic.  de  Divin.  i.  25, 
Tacit,  iii.  51.  and  private,  when  they  were  delivered  to  ma- 
gistrates, or  even  to  private  pei-^sons,  to  be  kept  at  their 
houses,  {in  libera  cusiodia,  as  it  was  called),  till  they  should 
be  tried,  Sallust.  Cat-  47.  Liv.  xxxix.  14.  Tacit,  vi.  3. 

A  prison  (CARCER)  was  first  built  by  Ancus  Martius, 
Xzy.  i.  33.  and  enlarged  by  Servius  Tullius ;  whence  that 
part  of  it  below  ground,  built  by  him,  was  called  TULLl- 
ANUM,  Sallust.  Cat.  55.  Farr.  de  Lat.  ling.  iv.  32.  or 
LAUTUMIiE,  i.  e.  loca  ex  quibus  lapides  excisi  sunt^ 
Fest.  in  voce,  Liv.  xxvi.  27.  xxxii.  26.  xxxvii.  5.  xxxix, 
44-  in  allusion  to  a  place  of  the  same  kind  built  by  Dionysi- 
us  at  Syracuse,  Cic.  Verr.  v.  27,  55.  Another  part,  or,  as 
some  think,  the  same  part,  from  its  security  and  strength, 
was  called  ROBUR,  or  robus,  Festus  in  voce,  Liv.  xxxyiii* 
59.  Valer.  Max.  vi.  3,  1.  Tacit.  Annal-  iv.  29. 

Under  the  name  of  vincula  were  comprehended  catena, 
chains ;  compedes  vel  pedice,  fetters  or  bonds  for  the  feet ; 
manic^,  manacles  or  bonds  for  the  hands ;  Ne  rvus,  an  iron 
bond  or  shackle  for  the  feet  or  neck,  Festus  in  voce  ;  also  a 
wooden  frame  with  holes,  in  which  the  feet  were  put  and 
fastened,  the  stocks  ;  sometimes  also  the  hands  and  neck ; 
called  likewise  CoLUMBARiP/az^^  Rud.'m.  6.  30.  Liv.  viii. 
28.  Boia,  leathern  thongs,  and  also  iron  chains,  for  tying  the 
jieckorfeet,  Plaut.Asin.  iii.  3.  5.  • 

3.  VERBERA,  beating  or  scourging,  with  sticks  or 
staves,  ffustibus) ;  with  rods,  {virgis) ;  with  whips  or  lashes, 
iflagellis).  But  the  first  were  in  a  manner  peculiar  to  the 
camp,  where  the  punishment  was  called  Fustuarium,  and 
the  last  to  slaves,  Horat,  Epod.  4.  Cic.  Rabir.  perd  4.  Ju- 


Judicial  Proceedings,  ts^c.  291 

yena/.  x.  109.  Cic.  Ferr.  iii.  29.  Rods  only  were  applied  to 
citizens,  and  these  too  were  removed  by  the  Porcian  law, 
Liv.  X.  9.  Sallust.  Cat.  51.  Cic-  ib-  But  under  die  empe- 
rors citizens  were  punished  with  these  and  more  severe  in- 
struments, as  with  whips  loaded  with  lead,  ipaiumbatis),  &c, 

4.  TALIO,  {simitUudo  supplwii  vel  vindwta;,  hostimcn- 
fum),  a  punishment  similar  to  the  injury,  an  eye  for  an  eye, 
a  limb  for  a  limb,  &c.  But  this  punishment,  although  men- 
tioned in  the  Twelve  Tables,  seems  very  rarely  to  have 
been  inflicted  ;  because  by  law  the  removal  of  it  could  be 
purchased  by  a  pecuniary  compensation,  itaho  \e\  poena  re- 
dimi  poterat.     Gell.  xx.  1. 

5.  IGNOMENi  A  vei  Infamia.  Disgaceor  infamy  was 
inflicted  {inurehatur  vel  irrogahatur),  either  by  the  censors, 
or  by  law,  and  by  the  edict  of  the  prsetor.  Those  made  in- 
famous by  a  judicial  sentence,  were  deprived  of  their  digni- 
ty, and  rendered  incapable  of  enjoying  public  offices,  some- 
times also  of  being  witnesses,  or  of  making  a  testament ; 
hence  called  I  n  t  i?  s  t  ^  b  i  l  e  s ,  Digest. 

6.  EXILIUM,  banishment.  I'his  word  was  not  used 
in  a  judicial  sentence,  but  Aq^LT^  ET  ignis  interdict  lo, 
ibrbidding  a  person  the  use  of  fire  and  water,  whereoy  he 
was  banished  from  Italy,  but  might  go  to  any  other  place 
he  chose.  Augustus  introduced  two  ntw  forms  of  banislv 
ment,  called  Deportatio,  perpetual  banishment  to  a  cer- 
tain place  ;  and  Relegatio,  either  a  temporary  or  perpe- 
tual banishment  of  a  person  to  a  certain  place,  ^vitiiout  de- 
priving him  of  his  rights  and  fortunes.  See  p.  71.  Some- 
times persons  were  only  banished  from  Italy  (its  Italia  inter ^ 
dictum)  for  a  limited  time,  Plin.  £p.  iii.  9. 

7.  SERVITUS,  slavery.  Those  were  sold  as  slaves, 
who  did  not  give  in  their  names,  to  be  inrolled  in  the  cen- 
sor's books,  or  refused  to  enlist  as  soldiers ;  because  thus 
they  were  supposed  to  have  voluntarily  renounced  the  rights 
of  citizens,  Cic  Cacin.M.  See  p.  71. 

8.  MORS,  death,  was  either  ai;i/ or  natural.    Banish 
ment  and  slavery  were  called  a  civil  death.    Only  the  most 
heinous  crimes  were  punished  by  a  violent  death. 

In  ancient  times  it  seems  to  h^ve  been  most  usual  to  hang 
malefactors,  {infelici  arbori  suspender e)^  Liv..  i.  25.  after,- 


^92  ROMAN  ANTIQUITIES. 

wards,  to  scourge  {virgis  cadere)  and  behead  them,  {seeuid 
percutere\  Liv.  ii.  5.  vii.  19.  xxvi.  15.  to  throw  them  from 
the  Tarpcian  rock,  ide  saxo  Tarpeio  dejicerejy  Id.  vi.  20. 
or  frr)m  that  place  in  the  prison  called  Ro  bur,  Festus.  Valer. 
Mux.\'i.  31.  also  to  strangle  them  (laqueo  gulam^  guttur, 
Mti  cervicem  frangere)^  in  prison,  Id.  v.  4,  7.  Sallust.  Cat* 
55-  Cic.  Vatin.  11.  Lucan.  ii.  154. 

The  bodies  of  criminals,  when  executed,  were  not  burnt 
or  buried  ;  but  exposed  before  the  prison,  usually  on  cer- 
tain stairs,  called  Gemoni^e  sc.  scales,,  vel  Gemonii  gra~ 
dus,  (quodgemitus  locus  esset)  ;  and  then  dragged  with  a 
hook,  (unco  tracti)y  and  thrown  into  the  Tiber,  Suet,  Tib* 
53,  61,  75.  Vitell  17.  Tacit.  Hist.  iii.  74.  Plm.  viii.  40.  s. 
61.  Valer.  Max.  vi.  3,  3.  Juvenal,  x.  66.  Sometimes,  how- 
ever, the  friends  purchased  the  right  of  burj^ing  them. 

Under  the  emperors,  several  new  and  more  severe  punish- 
ments were  contrived  ;  as,  exposing  to  wild  beasts,  iadbeS' 
tias  damnatioJ,  burning  alive,  fviincomburzum)^  &c.  When 
criminals  were  burnt,  they  were  dressed  in  a  tunic  besme  -r- 
ed  with  pitch  and  other  combustible  matter  ;  called  TUNI- 
CA MOLESTA,  Senee.  Ep.  14.  Juvenal,  viii-  235.  i.  155. 
Martial,  x.  25,  5.  as  the  Christians  are  supposed  to  have 
been  put  to  death.  Tacit.  Annal-  xv.  44.  Pitch  is  mention- 
ed among  the  instruments  of  torture  in  more  ancient  times, 
Plant,  Capt.  iii.  4,  65.  Lucret.  iii.  1030. 

Sometimes  persons  were  condemned  to  the  public  works, 
to  engage  with  wild  beasts,  or  fight  as  gladiators,  Plin.  Ep, 
5.  40.  or  were  employed  as  public  slaves  in  attending  on  the 
public  baths,  in  cleansing  common  sewers,  or  repairing  the 
Streets  and  highways,  Id, 

Slaves  after  being  scourged,  ^subfurca  ccesi)^  were  cruci- 
fied, {in  crucem  acti  sunt')^  usually  with  a  label  or  inscription 
on  their  breasts,  intimating  their  crime  or  the  cause  of  their 
punishment,  Dio.  liv.  3.  as  was  commonly  done  to  other 
criminals  when  executed,  Suet-  Cal  32.  Dorn.  10-  Thus  Vu 
late  put  a  title  or  superscription  on  the  cross  of  our  Saviour, 
Matth.  xxvii.  37.  John  xix.  19.  The  form  of  the  cross  is 
described  by  Dionysius  vii-  69.  Vedius  Pollio,  one  of  the 
friends  of  Augustus,  devised  a  new  species  of  cruelty  to 
slaves,  throwing  them  into  a  fish-pond  to  be  devoured  h^T 
?^mpreys,  (mur^na),  Plin.  ix.  23,5. 39.  Dio.  liv'23a 


Religion  of  the  Romans.  293 

A  person  guilty  of  pnrricidc,  that  is,  of  murdering  a  parent 
or  any  near  relation,  after  being  severely  scourged,  (sangui- 
nets  virgis  ca<iiisJ^  was  sewed  up  in  a  suck,  (culeo  insutus)^ 
with  a  dog,  a  cock,  a  viper,  and  an  ape,  and  then  thrown  in- 
to the  sea  or  a  deep  ri\er,  Cic.  pro  Rose.  Amcr.  ii-  25,  26, 
Senec.  clem.  i.  23. 

RELIGION  OF  THE  ROMANS. 

I.  The  gods  whom  they  worshipped. 

THESE  were  very  numerous,  and  divided  into  Dii  ma- 
jorum  gentium^  and  Minorum  gentium,  Cic-  Tusc  i. 
13.  in  allusion  to  the  division  of  senators.     See  p.  2. 

The  DII  MAJORUM  GENTIUM  were  the  great  ce- 
lestinl  deities,  and  those  called  Dii  Selecti. 

The  great  celestial  deities  were  tvi^elve  in  number :  Dio^ 
nyS'  vii.  72. 

1.  JUPITER,  (Zftj,  nctry,^  voc.  Zfv,  n<*T£^,)  the  king  of 
gods  and  men;  the  son  o^ Saturn  and  Rhenor  Ops,  the  god- 
dess of  the  earth  ;  born  and  educated  in  the  island  of  Crete; 
supposed  to  have  dethroned  his  father,  and  to  have  divid- 
ed his  kingdom  with  his  brothers  ;  so  that  he  himself  obtain- 
ed the  air  and  earth,  Neptune  the  sea,  and  Pluto  the  infernal 

regions  ; usually  represented  as   sitting  on  an  ivory 

throne,  htjlding  a  sceptre  in  his  left  hand,  and  a  thunderbolt 
Cfulmen)  in  his  right,  with  an  eagle  ;  and  Hebe,  the  daughter 
of  Juno,  and  goddess  of  youth,  or  the  boy  Ganymydes,  the 
son  of  Tros,  his  cup-bearer  (pincerna  vtl  pocdlator),  at- 
tending on  him  ;  called  Jupiter  Feretrius,  (a  ferendo, 
quod  ei  spolia  opima  afferebantur  ferculo  vel  feretro  gesta, 
Liv.  i.  10.  vel.  a  feriendo,  Pultarch.  in  Romido  ;  Omine  quod 
certo  dux  ferit  ense  ducem,  Propert.  iv.  II,  46-  Dionys.  i. 
34.)  Elicius,  {quod  se  Ulum  certo  carmine  e  coelo  elicere 
posse  credebant,  Ovid.  Fast.  iii.  327.  ut  edoceret,  quomodo 
prodigia  fulmimbus,  aliove  quo  visa  missa,  curarentur  vel 
expiarentur,  ibid.  &  Liv.  i.  20.)  Stator,Capitolinus, 
and  ToNANs,  which  two  were  different,  and  had  different 
temples,  Dio,  liv.  4.  Suet.  Aug.  29,  &  9L  Tarpeius, 
Latialis,  Diespiter,  ((/z(?z  ct  lucispc^^'ry',  Optimus 
Maxim  us,  Olympicus,  Summus,  J5tc.  Sub  Jove  frigido^ 
sub  diOj  under  the  cold  air,  //orat.  Od,  i-  i,  25'  ii.  3,  23.Z>«r- 


294  ROMAN  ANTIQUITIES. 

tro  Jove^  by  the  favour  of  Jupiter,  Pers.  v.  114.  Incolumi 
Jove^  i.e.  Capitolio,  ubi  Jupiter colebatur^  Horat-  Od-iii.  5, 
12. 

2.  JUNO,  the  wife  and  sister  of  Jupiter,  queen  of  the 
gods,  the  goddess  of  marriage  and  of  child-birth  ; — called 
Juno  regina  vel  regia  ;  Pronuba,  (quod  nubentibas 
praesset,  Serv.  in  Virg.  jEn.  iv.  166.  Ovid  Ep.  vi.  43.  Sa~ 
cris  pr<ef€cta  maritis^  i.  e  nuptialihus  solemnitatibus^'^.^iu 
65.)  Matron  A,  Luc  in  a,  (^wooflucem  nascentibus  daret)^ 
Monet  A,  (a  monendo,  because,  when  an  earthquake  hap- 
pened, a  voice  was  uttered  from  her  temple,  advising  the  Ro- 
mans to  make  expiation  by  sacrificing  a  pregnant  sow,  Cic. 
divin.  i.  45.  ii.  32.)  represented  in  a  long  robe  istold)  and 
magnificent  dress  ;  sometimes  sitting  or  standing  in  a  light 
ear,  drawn  by  peacocks,  attended  by  the  Aur^,  or  air 
nymphs,  and  by  Iris,  the  goddess  of  the  rainbow.  Junone 
jecwnofo,  by  the  favour  of  Juno,  Virg.  JSn.  iv.  45. 

3.  MINERVA,  or  PALLAS,  the  goddess  of  wisdom  ; 
hence  said  to  have  sprung  (cum  clypeo  prosihiisse,  Ovid. 
Fast-  iii.  841.)from  the  brain  of  Jupiter  by  the  stroke  of  Vul- 
can ;  Ter.  Heaut.  v.  4, 13.  also  of  war  and  of  arms  ;  said  to 
be  the  inventress  of  spinning  and  weaving,  ilanijicii  et  textu- 
ra)^  of  the  olive,  and  of  warlike  chariots ;  Ovid,  ibid. — call- 
ed Armipotens,  Tritonia  virgo,  because  she  was  first  seen 
near  the  lake  Tritonis  in  Africa  ;  Attica  vel  Cecropia,  be- 
cause she  was  chiefly  worshipped  at  Athens  ;  represented  as 
an  armed  virgin,  beautiful,  but  stern  and  dark -coloured, 
with  azure  or  sky- coloured  eyes,  {glaucis  oculis*  yAosw^wTr/s 
Afljjvjj,  shining  like  the  eyes  of  a  cat  or  an  owl,  (y^»v^,  -»«« noc- 
tua)y  Gell.  ii.  26.  having  an  helmet  on  her  head,  and  a 
plume  nodding  formidably  in  the  air ;  holding  in  her  right 
hand  a  spear,  and  in  her  left,  a  shield,  covered  with  the  skin 
of  the  goat  Atnalthea,  by  which  she  was  nursed,  (hence  call- 
ed iEGIS),  given  her  by  Jupiter,  whose  shield  had  the  same 
name,  Firgj^n.vin.354,-  ^ibi  Serv.  in  the  middle  of  which 
was  the  head  of  the  Gorgon  Medusa,  a  monster  with  snaky 
bair,  which  turned  every  one  who  looked  at  it  into  stone, 
ibid. 

There  was  a  statue  of  Minerva,  (PALLADIUM),  sup- 
posed  to  have  fallen  from  heaven,  which  was  religiously 


Religion  of  the  'Rouau 5,  295 

kept  in  her  temple  l^y  tlic  Troj;^ns,  and  stolen  from  thence 
by  Ulysses  and  Dioaiedcs.  Tolerare  colo  vitani  tenuique 
3Iifierva,i.  e.  lanijicio  non  qucestuoso^  by  spinning  and  weav- 
ing, which  bring  small  pn^fit,  Firg  jEn-  viii.  409-  Invita 
Minervay  i.  e.  adversantf  ct  repugnante  natiira,  against  na- 
ture or  natural  genius,  Cic.  Off"  i.  31.  Agtre  aliq  uid pingui 
Minei-va,  simply,  bluntly,  witliout  art,  Coliimell  i.  pr.  33. 
:xi.  1.  32.  Ahywrmis  sapiens,  crassaque  Minerva,  a  philoso- 
pht  r  u  ithr.ut  rules,  and  of  strong  rough-  common  sense, 
Horat.  Sat-  ii.  2.  SusMinervam,  sc.  docet,  a  proverb  against 
a  person,  who  pretends  to  teach  those  who  are  wiser  than 
himself,  or  to  teach  a  thing  of  which  he  himself  is  ignorant, 
Cic.  Acad,  i.  4.  Festus. — Pallas  is  also  put  for  oil,  Ovid.  Ep. 
xix.  44.  because  she  is  said  first  to  have  taught  the  use  of  it. 

4.  VESTA,  the  goddess  of  fire.  Two  of  this  name  are 
mentioned  by  the  poets ;  one  the  mother,  and  the  other  the 
daughter  of  Saturn,  who  are  often  confounded.  But  the  latter 
chiefly  was  worshipped  at  Rome.  In  her  sanctuary  was  sup- 
posed to  be  preserved  the  Palladium  of  Troy,  ifatale  pignus 
imperil  Romani)^  Liv.  xxvi,  27.  and  a  fire  kept  continually 
burning  by  a  number  fif  virgins,  called  the  Vestnl  Virgins  : 
brought  by  iEneas  from  Troy,  Firg-  JEn-  ii.  297.  hence  hie 
locus  est  Festie^  qui  Pallada  servattX  ignem,  Ovid, 
Trist.  iii.  1.  39.  near  which  was  the  place  of  Numa,  ib.  40. 
Horat.  Od.  i.  2.  16. 

5.  CERES,  the  goddess  of  corn  and  husbandry,  the  sister 
of  Jupiter  ;  worshipped  chiefly  at  Eleusis  in  Greece,  and  in 

Sicily  :  her  sacred  rites  were  kept  very  secret She  is 

represented  with  her  head  crowned  with  ears  of  corn  or  pop- 
pies, and  her  robes  falling  down  to  her  feet,  holding  a  torch 
in  her  hand.  She  is  said  to  have  wandered  over  the  whole 
earth,  with  a  torch  in  her  hand,  which  she  lighted  a  mount 
iEtna,  {Hinc  Cereris  sacris  nunc  quoque  tceda  datur,  Ovid. 
Fast.  iv.  494.  in    quest  of  her  daughter  Proserpina,  who 

was  carried  off"  by  Pluto. PLUTUS,  the  god  of  riches, 

is  supposed  to  be  the  son  of  Ceres. 

Ceres  is  called  Legifera,  the  lawgiver,  because  laws 
were  the  eflfect  of  husbandry,  Plin.  viii.  5&.  and  Arcana,  be- 
cause her  sacred  rites  were  celebrated  with  great  secrecy, 
Horat.  Od^  in.  2,  27.  and \^ith  torches  ;  whence,  et per  t^d:- 


^^6  .  KOMAN  ANTIQUITIES. 

Jera^  tnystica  sacra  Dece^  Ovid.  Ep.  ii.  42.  particularly  at 
£leusis  in  Attica,  {sacra  Eleusinia^^  from  which,  by  the 
voice  of  a  herald,  the  wicked  were  excluded ;  and  even  Ne- 
ro, while  in  Greece,  dared  not  to  profane  them,  Suet.  JVer- 
34.  Whoever  entered  without  being  initiated,  although  igno- 
rant of  this  prohibition,  was  put  to  death,  Lir.  xxxi.  14. 
Those  initiated  were  called  Myst^,  Ovid-  Fast.  iv.  356. 
(a  /««i"y,  prefno,)  whence  mysterium.  A  pregnant  sow  was  sa- 
crificed to  Ceres,  because  that  animal  was  hurtful  to  the  corn 
fields,  Ovid.  Pont.  ii.  9,  30.  Mat.  xv.  111.  And  a  fox  was 
burnt  to  death  at  her  sacred  rites,  with  torches  tied  round  it; 
because  a  fox  wrapt  round  with  stubble  and  hay  set  on  fire, 
being  let  go  by  a  bo5%  once  burnt  the  growing  corn  of  the 
people  of  Carsdi,  a  town  of  the  iEqui,  Ovid.  Fast-  iv.  681^ 
to  712.  as  the  foxes  of  Samson  did  the  standing  corn  of  the 
Philistines,  Judg.  xv.  4- 

Ceres  is  often  put  for  corn  or  bread ;  as,  Sine  Cerere  et 
Baccho  friget  Venus^  without  bread  and  wine  love  grows 
cold,  Terent.  Eun.  iv.  5,  6-  Cic.  Nat-  D.  ii.  23. 

6.  NEPTUNE,  (a  nando,  Cie.  Nat.  D.  ii.  26.  vel  guod 
mare  terras  obnubit,  iit  nubes  ccelum  ;  a  nuptu,  id  est.,  oper- 
tione  ;  unde  nuptiae,  Varr.  L.  L.  iv.  10.)  the  god  of  the  sea, 
and  brother  of  Jupiter ; — represented  with  a  trident  in  his 
right  hand,  and  a  dolphin  in  his  left ;  one  of  his  feet  resting 
on  part  of  a  ship:  his  aspect  majestic  and  serene :  sometimes 
in  a  chariot  drawn  by  sea-horses,  with  a  triton  on  each  side ; 
called  uiEciEus,  Firg.  JE,n-  iii.  74.  because  worshipped  at 
.j^igas,  a  town  in  the  island  of  Eubaea,  Homer.  II.  v.  20.  Z7- 
terque  AeptunuSy  the  mare  superum  and  inferum.,  on  both 
sides  of  Italy  ;  or  Neptune  who  presides  over  both  salt  and 
fresh  water,  {liquentibus  stagnis  marique  salso).  Catull.  xxix. 
3.  Neptunia  arva  vel  regna,  the  sea,  Firg.  j^n.  viii-  695. 
Neptunius  dux.  Sex.  Pompeius,  Horat.  Epod.  ix.  7.  who, 
from  his  po^ver  at  sea,  called  himself  the  son  of  Neptune, 
Dio.  xlviii.  19.  J\eptiwia  Ptrgama  vel  Troja,  because  its 
walls  were  said  to  have  been  built  by  Neptune  and  Apollo, 
Ovid.  Fast.  i.  525.  Firg.  Mn.  ii.  625.  at  the  request  of  Lao- 
medon,  the  father  of  Priam,  who  defrauded  them  of  their 
promised  hire,  (pacta  mercede  destituitj,  Horat.  Od.  iii.  3, 
22.  that  is,  he  applied  to  tiiat  purpose,  the  money  which  lie 


IReligion  of  the  Romans,"  297 

had  vowed  to  their  service,  Scrv.  in  Firg.  On  which  aC" 
count  Neptune  Avas  ever  after  hostile  to  thr  Trojans,  Firg* 
^n.  ii.  610  and  also  to  the  Romans,  Id.  G.  i.  502.  Apollo 
was  afterwards  reconciled  l)y  proper  atonement ;  being  also 
offended  at  the  Gretks  for  their  treatment  of  Chryseis,  the 
daugliter  of  his  priest  Chryses,  Strv.  ib.  whom  Agamem- 
non made  a  captivx-,  Ovid.  Remed.  Am.  469.  Homer.  IL.  \. — 
The  wife  of  Neptune  was  Amphitrite^  sometimes  put  for 
the  sea,  Ovid.  Met.  i.  14. 

Besides  Neptune,  there  were  other  sea-gods  and  goddes- 
ses ;  Oceanus,  and  his  wife  Tethys  ;  AWeus^  and  his  wife 
Doris ;  the  Nereides.,  Thetis.,  Doto,  Galatea.,  &.c.  Triton, 
Proteus,  Portumnus^  the  son  of  Matuta  or  Aurora  and 
Glaucus.,  Ino.,  Palemon,  &c. 

7.  Venus,  the  goddess  of  love  and  beauty,  said  to  have 
been  produced  from  the  foam  of  the  sea,  near  the  island  Cy- 
thera;  hence  called  Cytherea.,  Horat.  Od.  i.  4,  5.  V  rg,  jEn., 
iv.  128.  Marina.,  Id.  iii.  26,  5.  and  by  the  Gretk?>  'A<p^ohT7i, 
ab  ^«o5,  spuma  :  according  to  others,  the  daughter  of  Jupi- 
ter and  the  nymph  Dione  :  hence  called  Dioncea  matt-r,  by 
her  son  ^Eneas,  Firg.  .Mn.  iii.  19.  and  Julius  Caesar  Diona^ 
us  ;  as  being  descended  from  lulus,  the  son  of  iEneas,  Id. 
Eel.  ix-  47.  Dionceo  sub  antro,  under  the  cave  of  Venus, 
Horat.  Od  ii.  1,  39. — the  wife  of  Vulcan,  but  unfaithful  to 
him,  Ovid.  Met.  iv.  171,  &.c.  worshi))ped  chiefly  at  Paphos, 
AmathuSi  -untis.,  and  Idalia  v.  -mm,  in  Cyprus ;  at  Er\  x 
in  Sicily,  and  at  Cnidus  in  Caria ;  hence  called  Cypris^ 
-idis,  Dea  Paphia  ;  Amathusia  Venus,  Tacit.  Annal.  iii-  62. 
Venus  Idalia.,  Virg.  ^n-  v.  760.  and  Er  ycina,  Horat.  Od, 
i.  2,  33.  Cic.  Verr.  ii.  8.  Regina  Cnidi,  Horat-  Od.  i.  30,  1. 
Venus  Cnidwy  Cic.  Divin.  i.  13.  Verr.  iv.  60.  Alma,  decens, 
aurea,/ormosa,  &.C.  also  Cloacina  or  Cluacina,  from  cluere^ 
anciently  the  same  with  luere  or  purgare,  because  her  tem- 
ple was  built  in  that  place,  where  the  Romans  and  Sabines, 
after  laying  aside  their  arms,  and  concluding  an  agreement, 

purified  themselves,  Plin.  xv.  29,  s.  Q>6. Also  supp'^sed 

to  be  the  same  with  Libitina,  the  goddess  of  funerals,  Dio. 
nys.  iv.  15.  whom  some  make  the  same  with  Proserpine, 
Plutarch,  in  JVufna,  67  — often  put  for  love,  or  the  indul- 
gence of  It :  Danmosa  Venus,  Horat.  Ed.  i.  18,  21,  Seraj'u; 


298  ROMAN  ANTIQUITIES, 

"venumVemis^  eoque  inexhaustapiibertas^  Tacit-  de  mor. 
Germ.  20. — -for  a  mistress,  Hurat.  Sat-  i.  2,  119. — 4.  113> 
Firg.  JEc\  iii.  68  - — for  beauty,  comeliness  or  grace,  Plant  * 
Stick,  ii.  1,  5.  TabuliS  p'lctce  Venus ^  vel  Venustas^  quam 
Gi'cect  ;b«f"'»  vocunt,  Plin.  xxxv.  10,  s.  36.  Dictndi  veneres y 
the  graces,  Qui/tctiiian.x.  1.  Fenerem  habere^  Senec.  Be- 
nef  ii.  28.  Cicero  says,  there  were  more  than  one  Venus, 
Kat,  D.  iii.  23.  (Venus  dicta^  quod  ad  omnesres  veniret; 
atque  ex  ea  venustas^  Id.  ii.  27o  et  Venerii,  i.  e-  servi  Ve- 
neris^ id.  Ccecil.  17.) 

The  tree  most  acceptable  to  Venus  was  the  myrtle,  Firg» 
Eel  vii.  62.  ^  SerV'  in  toe.  Mn.  v.  72.  hence  she  was  call- 
ed Mfrtea,  and  by  corruption,  Murcia,  Plin.  xv.  29,  s. 
36.  Plutarch,  qu^st.  Pom.  20.  Farr.  L.  L.  iv.  32.  Serv.  in 
Firg.  j^n.  viii.  635.  and  the  month  most  agreeable  to  her 
was  April,  because  it  produces  flowers  ;  hence  called  mensis 
Veneris,  Horat.  Od.  iv.  11.  1.5.  on  the  first  day  of  which 
the  matrons,  crowned  with  myrtle,  used  to  bathe  themselves 
in  the  Tyber,  near  the  temple  of  For  tun  a  virilis,  to 
whom  they  offered  frankincense,  that  she  would  conceal 
their  defects  from  their  husbands,  Ovid-  Fast.  iv.  139,  &,c. 
The  attendants  of  Venus  were  her  son  CUPID,  or  ra- 
ther the  Cupids,  for  there  were  many  of  them ;  but  two 
most  remarkable,  one  (Eros)  who  caused  love,  and  the  other 
{Anteros)  who  made  it  cease,  or  produced  mutual  love  ; 
painted  with  wings,  a  quiver,  bow,  and  darts  :  The  three 
GRACES,  Gratia  vel  Charites^  Aglaia  or  Pasithea,  Tha- 
lia^ and  Euphrosyne^  represented  generally  naked,  with  their 
hands  joined  together;  and  NYMPHS,  dancing  with  the 
Graces,  and  Venus  at  their  head,  Horat.  Od.  i.  4,  5. — 80, 
6.  ii.  8,  13.  Senec.  Belief,  i.  3. 

8.  VULCANUS  vdMulclber,  the  god  of  fire,  (Ignipc 
TENS,  Virg.  X.  243.)' and  of  smiths  ;  the  son  of  Jupiter  and 
Juno,  and  husband  of  Venus  :  represented  as  a  lame  black- 
smith, hardened  from  the  forge,  with  a  fiery  red  face  whilst 
at  work,  and  tired  and  heated  after  it.  He  is  generally  the 
subject  of  pity  or  ridicule  to  the  other  gods,  as  a  cuckold 
and  lame. 

Vulcan  is  said  to  have  had  his  work-shop  {qfficina')  chiefly 
in  Lemnos,  and  in  tl^  iEolian  or  Lipari  islands  near  Sicily;, 


Religion  of  the  Romans.  299 

or  in  a  cave  of  Mount  ^^tna.  His  workmen  were  the  Cy- 
clo/jes,  giants  with  one  eye  in  their  foreliead.  who  were  usu- 
ally employed  in  making  the  thunderbolts  of  Jupiter,  Firg. 
jEn.  viii-  416.  EsV.  Hence  Vulcan  is  represented  in  spring 
as  eagerly  lighting  up  the  fires  in  their  toilsome  or  strong 
smelling  workshops,  (graves  ardens  urit  officinas),  to  pro- 
vide plenty  of  thunderbolts  for  Jupiter  to  throw  in  summer, 
Horat.  Od.  i.  4,  7.  called,  avidus,  greedy.  Id.  iii.  58.  as  \''ir- 
gil  calls  ignis,  lire,  edax,  from  its  devouring  all  things,  ^n. 
ii.  758. — sometimes  put  for  fire,  id.  311.  v.  662-  vii.  77. 
Horat.  Sat.  15,  74.  Plant.  Aniph-  i.  1.  185.  called  lutcus 
from  its  colour,  Juvenal,  x.  133.  from  liiteum  v-  lutiim^ 
woad,  the  same  with  glastum,  Cass.  B.  G.  v.  14.  which  dyes 
yellow  ;  hcrba  qua  c<cruleum  inficiunt^  Vitruv.  vii.  14.  Plin« 
xxxiii-  5,  s.  26.  Croceo  mutabit  vellcra  lutOy  Virg-  Eel.  v. 
44.  luteiim  ovi,  the  yolk  of  an  egg,  Plin.  x.  53.  or  rather 
from  latum.,  clay,  luteus,  dirty.  Cicero  also  mentions  more 
than  one  Vulcan,  A''at.  D-  iii.  22.  as  indeed  he  does  in  speaks 
ing  of  most  of  the  gods. 

9.  MARS,  or  Mavors,  the  god  of  war,  and  son  of  Juno ; 
worshipped  by  the  Tliracians,  Getas,  and  Scythians,  and  es- 
pecially by  the  Romans,  as  the  father  of  Romulus  their 
founder,  called  Gradivus  {a  gradiendd) -,  Ovid- Fast,  ii.  861. 
painted  with  a  fierce  aspect,  riding  in  a  chariot,  or  on  horse- 
back, with  an  helmet  and  a  spear-    Mars,  when  peaceable, 

was  called  Quirinus,  Serv.  in  Virg.  i.  296. BELLO- 

NA,  the  goddess  of  war,  was  the  wife  or  sister  of  Mars. 

A  round  shield  (ANCILE,  quod  ah  omni  parte  recisum 
est,  Ovid.  Fast.  iii.  377  )  is  said  to  have  fallen  from  heaven, 
in  the  reign  of  Numa,  supposed  to  be  the  shield  of  Mars  ; 
which  was  kept  with  great  care  in  his  sanctuary,  as  a  sym- 
bol of  the  perpetuity  of  the  empire,  by  the  priests  of  Mars, 
who  were  called  SALII ;  and  that  it  might  not  be  stolen,  e- 
leven  others  were  made  quite  like  it,  (ancilia  -iufn,  vel  -iO" 
rum). 

The  animals  sacred  to  Mars  were  the  horse,  wolf,  and  the 
wood-pecker,  (picus).  Mars  is  often,  bv  a  metonymy,  put 
for  war  or  the  fortune  of  war  ;  thus,  Mquo,  vario,  ancipite, 
tncerto  Marte  pugnatum  est,  with  equal,  various,  doubtful 
success  5  Mars  communis,  the  uncertain  events  of  Avar,  Cic, 


SOO  llOMAN  ANTIQUITIES. 

Accendere Martem  cantu,  i.  e.  pugnam  vel  milites  ad  pu^nam 
tuba  ;  collato  Marte  et  eminus  pugnare  ;  invadunt  Martem 
clypeis^  i.  e.  pugnam  ineunt^  Virg.  JVostro  Marte  aliquid 
ptragere^  by  our  own  strength,  without  assistance,  Cic.  Ve- 
rtcundice  erat^  equitem  sua  alienoque  Marte  pugnare^  on 
horseback,  and  on  foot,  Liv.  m.  62.  Falere  Marte  forensic 
to  be  a  good  pleader,  Ovid.  Pont,  iv-  6,  39-  Dicere  difficde 
est,  quid  Murs  tuusegerit  ilhn^  \  e.  bellica  virtus,  valour  or 
coiirage,  ib.  7,  45-  Nostra  M'rte,  by  our  army  or  soldiers, 
Horat.  Od.  iii.  5,  24.  Altero  Marte,  m  a  second  battle,  ib. 
34  Mars  ?«M.y,  your  manner  of  fighting,  Ovid.  Ar tarn.  i. 
212.  Incur su  gemini  Martis,  by  land  and  sea,  Lucan.  vi. 
269. 

10.  MERCURIUS,  the  son  of  Jupiter  and  Maia,  the 
daughter  of  Atlas  ;  the  messenger  of  Jupiter  and  of  the  gods ; 
the  god  of  eloquence ;  the  patron  of  merchants  and  of  gain, 
whence  his  name,  (according  to  others,  quasi  Medicurrius, 
quod  medius  inter  decs  et  homines  currebat)  ;  the  inventor 
of  the  lyre  and  of  the  harp  ;  the  protector  of  poets  or  men  of 
genius  {Mercurialium  virorum),  of  musicians,  wrestlers,  &c, 
the  conductor  of  souls  or  departed  ghosts  to  their  proper  man- 
sions ;  also  the  god  of  ingenuity  and  of  thieves,  called  Cyl- 
lemus,  V.  Cyllenia  proles,  from  Cyllene,  a  mountain  in  Arca- 
dia on  which  he  was  born  ;  and  Tegeceus,  from  Tegea,  a 
city  near  it. 

The  distinguishing  attributes  of  Mercury  are  his  Peta- 
sus,  or  winged  cap  ;  the  Talaria,  or  winged  sandals  for  his 
feet ;  and  a  Caduceus,  or  wand  (virga)  with  two  serpents 
about  it,  in  his  hand.  Sometimes,  as  the  god  of  merchants, 
he  bears  a  purse,  (marsupium),  Horat.  i.  10.  Firg.  JEn.  iv. 
239.  viii.  138. 

Images  of  Mercury  (HERMiE  trunci,  shapeless  posts 
with  a  marble  head  of  Mercury  on  them,  Juvtnal.  viii.  5^.^ 
used  to  be  erected  where  several  roads  met  (in  compitis),  to 
point  out  the  way  ;  on  sepulchres,  in  the  porches  of  temples 
and  houses,  &c.  Ex  quovis  ligno  nonjit  Mcrcurius,  every 
one  cannot  become  a  scholar. 

1 1-  APOLLO,  the  son  ot  Jupiter  and  Latona,  born  in  the 
island  Delos  ;  the  god  of  poetry,  music,  medicine,  augury, 
and  archery  ;  called  also  Phoebus  and  Sol.  He  had  oracles  in 


Religion  o/"  Mf  Romans.  301 

many  places,  the  chief  one  at  Delphi^  in  Phocis  ;  called  bj'- 
various  names  from  the  places  where  he  was  worsliipped  ; 
Cynthius,  IVom  Cynthiis  a  mountain  in  Dclos  ;  Patarcus., 
Oi  -(xiis^  from  Patara,  a  city  in  Lycia  ;  Latoiis,  son  of  La- 
toua,  Thymbrtus^  Gryn<eus^  &.C.  also  Pythius.,  from  having 
slain  the  scrpeiit  Python,  ivfl  a-^t^^es-Sxi^  quod  cdnsulcretur). 

Apollo  is  usually  represented  as  a  beautilul  l)eardlcss 
3^oung  man,  with  long  hair,  (hence  called  intonsiis  et  crini- 
tiLs\  Ovid.  Trist-  iii.  1.  60.)  holding  a  bow  and  arrows  in  his 
right  nand,  and  in  his  left  hand  a  lyre  or  harp.  He  is  crown- 
ed with  laurel,  which  was  sacred  to  him,  as  were  the  hawk 
and  raven  among  the  birds. 

The  son  of  Apollo  was  ^SCULAPIUS,  the  god  of  phy- 
sic, worshipped  formerly  at  Epidaures  in  Argohs,  under  the 
form  of  a  serpent,  or  leaning  on  a  staff,  round  which  a  ser- 
pent was  entwined  ;  represented  as  an  old  man,  with  a  long 
beard,  dressed  in  a  loose  robe,  with  a  staff  in  his  hand. 

Connected  with  Apollo  and  Minerva  were  the  nine  MU- 
SES ;  said  to  be  the  daughters  of  Jupiter  aiKl  Mnemosyne  or 
memory  ;  Calliope,  the  muse  of  heroic  poetry  ;  Clio,  of  his- 
tory ;  Melpomene,  oivcA^tdy  ;  Thaha,  of  comedy  and  pasto- 
rals ;  Erato ^  of  love-songs  and  hymns  ;  Euterpe,  of  playing 
on  the  flute  ;  Terpsichore,  of  the  harp  ;  Polyhymnia,  of  ges- 
ture and  delivery,  also  of  tlie  three- stringed  instrument  called 
Barhitos,  vel  -on;  and  Urania,  Oi  astronomy,  jiu son.  Ei- 
dyll.  20.  Diodor.  iv.  7.   Phornutus  de  Natura  Deorum- 

The  muses  frequented  the  mountains  Parnassus,  Heli- 
con, Pierus,  &c.  the  fountains  Castalius,  Aganippe,  or  Hy~ 
pocrene,  &.c.  whence  they  had  various  names,  Heliconides, 
Parnassides,  Pierides.,  Castalides,  Thespiades^  Pempliades, 

12.  DIANA,  the  sister  of  Apollo,  goddess  of  the  woods 
and  of  hunting  ;  called  Diana  on  earth,  Euna  in  heaven,  and 
Hecate  in  hell ;  hence  tergemina,  diva  triformis,  Tria  vir- 
ginis  ora  Diance,  Virg.  i^n.  iv.  52.  Also  Lucina,  Illithya, 
et  Genitalis  seu  Genetyllis  ;  because  she  assisted  women  in 
child-birth  ;  Noctiluca,  and  siderum  regina,  Horat.  Trivia^ 
from  her  statues  standing  where  three  ways  met. 

Diana  it  represented  as  a  tall  beautiful  virgin,  with  a  qui- 
ver on  her  shoulder,  and  a  javelin  or  a  bow  in  her  right  hand^ 
chasing  deer  or  other  animals. 


a02  ROMAN  ANTIQUITIES, 

These  twelve  deities  were  called  Consentes,  -um  ;  Farr* 

L.  L  vii.  38.  quia  m  consilium  Jovis  adhibebantur,  A\i^'us= 

tin.  de  Civil-  Dei,  iv.  23.  Duodecvm  enim  deos  advocate,  Se^ 

nee.   Q.  Nat.  ii.  41.  a  consensu,  quasi  consentientes  ;  vela 

censendo,  f.  e.  consulo  :)  and  are  comprehended  in  these  two 

verses  of  Ennius ;  as  quoted  by  Apuieius,  de  Deo  Socratis  ; 

Juno,  Vesta^  Minerva,  Ceres^  Diana,  Venus,  Marsy 

Mercurius,  Jovi\  Neptunus,  Vulcanus,  Apollo. 

On  ancient  inscriptions  they  are  thus  marked  :  j.  o.  m.  i.  e. 

Jovioptimo rnaximo, Ceteris(^-disConsentibus.  They 

were  also  called  dii  magni,  Virg.  Mn.  iii.  12.  Ovid  Amor. 

iii.  6.  and  celestes,  Vitruv.  i- 8.  Virg.  ./En.  i.  391.   Cic. 

legg.  ii.  8.  or  nobiles,  Ovid. Met,  i.  172.andarerepresent» 

ed  as  occupying  a  different  part  of  heaven  from  the  inferior 

gods,  who  are  called  plebs,  ibid. 

The  DII  SELECTI  were  eight  in  number. 

1.  SATURNUS  the  god  of  time  ;  the  son  of  Coslus  or 
Uranus^  and  Terra  or  Vesta. 

Titan  his  brother  resigned  the  kingdom  to  him  on  this  con- 
dition, that  he  should  rear  no  male  offspring.  On  which  ac» 
count  he  is  feigned  by  the  poets  to  have  devoured  his  sons 
as  soon  as  they  were  born.  But  Rhea  found  means  to  de- 
ceive him ;  and  bring  up  by  stealth  Jupiter  and  his  two  bro- 
thers. 

Saturn  being  dethroned  by  his  son  Jupiter,  fled  into  Italy, 
and  gave  name  to  Latium,  from  his  lurking  there  ^c  latendoJc 
He  was  kindly  received  by  Janus  king  of  that  countr>^  Un. 
der  Saturn  is  supposed  to  have  been  the  golden  age,  when 
the  earth  produced  food  in  abundance  spontaneously,  when 
all  things  were  in  common,  Virg.  G.  i.  125.  and  when  there 
was  an  intercourse  between  the  gods  and  men  upon  earth  ; 
which  ceased  in  the  brazen  and  iron  ages,  when  even  the 
virgin  .4strea,  or  goddess  of  justice,  herself,  who  remained 
on  earth  longer  than  the  other  gods,  at  last,  provoked  by  the 
wickedness  of  men,  left  it.  Ovid.  Met.  i.  150.  The  only 
goddess  then  left  was  Hope,  Id-  Pont.  i.  6.  29. 

Saturn  is  painted  as  a  decrepit  old  man,  with  a  scythe  in 
his  hand,  or  a  serpent  biting  off  its  own  tail. 

3*  JANUS,  the  god  of  the  year,  who  presided  over  the 


Religio};  of  the  liou AN s»  305 

gates  of  heaven,  and  also  over  peace  and  war.  He  is  paint- 
ed with  two  faces,  {^(/{/rons^  vcl  biceps  J.  His  temple  was 
open  intiine  of  war,  and  shut  in  time  of  peace,  Uv,  i.  19.  A 
street  iii  Rome,  co'itiguoiis  to  the  Forum,  where  bankers  liv- 
ed, was  called  by  his  name  ;  thus  Janus  summus  ah  imo,  the 
street  Janus  from  lop  to  bottom,  Uorat.Ep.  i.  1.  54.  medms, 
the  middle  part  of  it  ;  id.  Sat.  ii.  3.  18.  Cic.  Phi/,  vi.  5. 
Thoroughfares  ftransitiones  pcrvi^J  from  him  were  called 
Jam,  and  the  gates  at  the  ^entrance  of  private  houses,  Januae, 
Cic.  N.  D.  ii.  27.  thus (/^x^ro  Jang  por^*  Garment AL IS, 
Liv.  ii.  49. 

4.  RHEA,  the  wife  of  Saturn  ;  called  also  Ops^  Cyhele^ 
Mignn  Mater ^  Miter  Deortim,  Berecynthia,  Id«a.,  andZ)m- 
dymene,  from  three  mountains  in  Phrygia.  She  was  painted 
as  a  matron,  crowned  with  towers,  (turritaj ^  sitting  in  a 
chariot  drawn  by  lions,  Ovid.  Fast.  iv.  249,  &c. 

Cybule,  or  a  sacred  stone,  called  by  the  inhabitants  the 
mother  of  the  gods,  was  brought  from  Pessinus  in  Phrygia 
to  Rome,  in  the  time  of  the  second  Punic  war,  Liv.  xxix, 
11.  &  14. 

4.  PLUTO,  the  brother  of  Jupiter  and  king  of  the  in- 
fernal regions  ;  called  also  Orcus.  Jupiter  infernus  et  Sty- 
gius.  The  wife  of  Pluto  was  PROSERPIN  A,  the  daugh- 
ter of  Ceres.,  whom  he  carried  off,  as  she  was  gathering  flow- 
ers in  the  plains  of  Enna  in  Sicily  ;  called  Juno  inferna  or 
Stygia,  often  confounded  with  Htcate  and  Luna  or  Diana  ; 
supposed  to  preside  over  sorceries  or  incantations,  fveneji^ 
cits  prt^esse). 

There  were  many  other  infernal  deities,  of  whom  the  chief 
were  the  FATES  or  Destinies,  (PARCiE,  a  parcendo,  vel 
per  Antiphrasin,  quod  nemini  par  cant) ,  the  &d\iz\'^itvs  oi 
Jupiter  and  Themis,  or  of  Erebus  and  Nox,  three  in  num- 
ber ;  Clotho,  I^achesis,  and  Atropos,  supposed  to  determine 
the  life  of  men  by  spinning  ;  Ovid.  Pont.  i.  8.  64.  Ep.  xii. 
3.  C/o?//o  held  the  distaff ;  Z^c Af-^f^  span  ;  and  Atropos  cut 
the  thread.  When  there  was  nothing  on  the  distaff  to  spin, 
it  was  attended  with  the  same  effect,  Ovid.  Amor.  ii.  6.  46. 
Sometimes  they  are  all  represented  as  employed  in  breaking 
the  threads,  Lucan.  iii.  18.  The  FURIES,  CEuri^e  vcl  Dira, 
Eumenides\t\  Erinnyes).,  also  three  in  nwrnb^-r.  A /ecfo, 


S04  I^OMAN  ANTIQUITIES. 

Tysiphone,  and  Meg^ra ;  represented  with  wings,  and 
snakes  twisted  in  their  hair  ;  holding  in  their  hands  a  torch 
and  a  whip  to  torment  the  wicked.  MORS,  vel  Lethum, 
death  ;  SOMNUS,  sleep,  &c.  The  punishments  of  the 
infernal  regions  were  sometimes  represented  in  pictures,  to 
deter  men  from  crimes.  Plant.  Captiv.  v.  4.  1. 

5.  BACCHUS,  the  god  of  wine,  the  son  of /^/jSz^er  and 
Semele  ;  called  also  Liber  or  Ly^iis^  because  wine  frees  the 
minds  of  men  from  care  :  described  as  the  conqueror  of  In- 
dia;  represented  always  young,  crowned  with  vine  or  ivy 
leaves,  sometimes  with  horns,  hence  called  corniger, 
Ovid.  Ep.  xiii.  '2>'^.  holding  in  his  hand  a  thyrsus^  or  spear, 
bound  with  ivy.  His  chariot  was  drawn  by  tygers,  lions,  or 
lynxes,  attended  by  Silenus^  his  nurse  and  preceptor,  Bac- 
chanals (frantic  women,  Bacchce^  Thi/ades^  vel  Menades)i 
and  satyrs,  Ovid.  Fast.  iii.  715. — 770.  Ep.  iv.  47. 

The  sacred  rites  of  Bacchus,  (Bacchanalia,  ORGI A  vel 
DionysiaJ,  were  celebrated  every  third  year,  (hence  called 
trietericaJ ,  in  the  night  time,  chiefly  on  Cith«ron  and  Inme- 
nus  in  Boeotia,  on  Ismarus,  Rhodope^  and  Edon  in  Thrace. 

PRI APUS,  the  god  of  gardens,  was  the  son  of  Bacchus 
and  V^enus,  Serv.  in  Firg.  G.  iv.  iii. 

6.  SOL,  the  sun,  the  same  with  Apollo ;  but  sometimes 
also  distinguished,  and  then  supposed  to  be  the  son  of  Hy- 
perion,  one  of  the  Titans  or  giants  produced  by  the  earth ; 
who  is  also  put  for  the  sun. 

Sol  was  painted  in  a  juvenile  form,  having  his  head  sur- 
rounded with  rays,  and  riding  in  a  chariot  drawn  by  four 
horses,  attended  by  the /^r^  or  four  seasons,  Fer,  the  spring; 
jjEstas,  the  summer  ;  Autumnus-,  the  autumn  ;  and  Htcms, 
the  winter,  Ovid  Mtt.  ii.  25. 

The  sun  was  worshipped  chiefly  by  the  Persians  undei* 
the  name  oi  Mithras. 

7.  LUNA .  tlie  moon,  as  one  of  the  Dii  Selecti,  was  the 
daughter  of  Hyperion,  and  sister  of  Sol.  Her  chariot  was 
drawn  only  by  two  horses. 

8.  GENIUS,  the.  dcemon  or  tutelary  god,  who  was  sup- 
posed to  take  care  of  every  one  from  his  birth  during  the 
whole  of  life.  Places  and  cities,  as  well  as  men,  had  theiv 
jparticular  Ge7iii, 


It  was  generally  believed  that  every  person  had  two  Genii^ 
the  one  good,  and  tlie  other  bad.  Defraudare  genium  suuin^ 
to  pinch  one's  appetite,  Tcr.  Fhorm.  i.  1.  10.  Indulgere  ge- 
nio^  to  indulge  it,  Ptrs.  v-  151. 

Nearly  allied  to  the  GcTtii  were  the  LARES  and  PENA- 
TES, household-gods,  who  presided  over  families. 

The  Lares  of  tlie  Romans  appear  to  have  been  tlie  manes 
of  their  ancestors,  Firg.  JEn.  ix.  255.  Small  waxen  images 
of  them,  clothed  with  the  skin  of  a  dog,  were  placed  round 
tlie  hearth  in  the  hall,  (^in  atrioj.  On  festivals  they  were 
crowned  with  garlands,  Plaut-  Trin.  i.  1.  and  sacrifices 
were  offered  to  them,  Juvenal,  xii.  89.  Suet.  Aug.  31.  There 
were  not  only  Lares  domestici  et/amiliares,  but  also  Coni- 
pitales  et  viales,  militares  et  marim,  &c. 

The  Penates  fsive  a  penu  ;  est  emm  omne  quo  vescuntur 
homines^  pen  us;  sive  quod  penitus  insident,  Cic.  Nat. 
Deor-  ii-  27.  Dii  per  quos  penitus  spiramus,  Macrob-  Sat, 
iii.  4.  Idem  ac  ALigni  Da,  Jupiter^  Juno,  Minerva,  Scrv.  ad 
Virg.  iEn.  ii.  296.)  were  worshipped  in  the  innermost  part 
of  the  house,  which  was  called  Penetralia  ;  also  Impluvium 
or  Compluvium,  Cic.  et  Suet.  Aug.  92*  There  were  likewise 
Publici  Penates,  woT^hipptd  in  the  Capitol,  Liv.  iii.  17, 
under  whose  protection  the  city  and  temples  were.  These 
iEneas  brought  with  him  from  Troy,  Firg.  j^n.  ii.  293, 
717.  iii.  148.  iv.  598-  W^wct  Patrii  Penates,  familiaresque<, 
Cic.  pro  Dom.  57- 

Some  have  thought  the  Lares  and  Penates  the  same  ;  and 
they  seem  sometimes  to  be  confounded,  Cic-  P.  Quinct.  26. 
&  27-  Fei'r.  iv.  22-  They  were,  however,  different,  Liv.  i. 
29.  The  Penates  were  of  divine  origin  ;  the  Lares  of  hu- 
man. Certain  persons  were  admitted  to  the  worship  of  the 
iMreSy  who  were  not  to  that  of  the  Penates.  The  Penates 
were  worshipped  only  in  the  innermost  part  of  the  house  ; 
the  Lares  also  in  the  public 'roads,  in  the  camp,  and  on  sea. 

Lar  is  often  put  for  a  house  or  dwelling  :  Apto  cum  hre 
fundus,  Horat.  Od.  i-  12.  44.  Ovid-  Fast.  vi.  95.  &  362.  So 
Penates  ;  thns,A''ostrissuccede  Penatibus  hospes,  Vir^.  Mrt- 
viii.  J23.  Plin.  Pan.  47.  Ovid.  Fast,  vi-  529, 


305  ROMAN  ANTIQUITIES. 

DII  MINORUM  GENTIUM,  OR  INFERIOR  DE» 

ITIES. 

THESE  were  of  various  kinds  : 
1.  Z)«  INDIGE  FES,  or  heroes  ranked  among  the 
gods  on  account  of  their  virtue  and  merits  :  of  whom  the 
chief  were, 

HERCULES,  the  son  of  Jupiter  and  Alcmena,  wife  of 
An-sphitryon,  king  of  Thebes;  fi^mous  for  his  twelve  labours, 
and  other  exploits  ;  squeezing  two  serpents  to  death  in  his 
cradle  ;  killing  the  lion  in  the  Nemaean  wood  ;  the  Hydra 
of  the  lake  Lerna  ;  the  boar  of  Erymanthus  ;  the  brazen, 
footed  stag  on  mount  Menalus  ;  the  harpies  in  the  lake  of  ^ 
Stymphalus  ;  Diomedes,  and  his  horses,  who  were  fed  on 
human  flesh;  the  wild  bull  in  the  island  of  Crete  ;  cleansing 
the  stables  of  Augeas  ;  subduing  the  Amazons  and  Cen- 
taurs ;  dragging  the  dog  Cerberus  from  hell ;  carrying  off 
the  oxen  of  three -bodied  Geryon  from  Spain  ;  fixing  pillars 
in  tht  J'rctum  Gaditanum^  or  Straits  of  Gibraltar  ;  bringing 
away  the  g(>lden  apples  of  the  Hesperides^  and  killing  the 
dragon  which  guarded  them  ;  slaying  the  giant  Antaeus,  and 
the  monstrous  thief  Cacus,  Bcc. 

Hercules  was  called  Alcides^  from  Alcaus  the  father  of 
Amphitryon  i  and  Tlrythhis  from  Tiryns^  the  town  where 
he  was  born  ;  Oetxus,  from  mount  Oete^  where  he  died-  Be- 
ing consumed  by  a  poisoned  robe,  sent  him  by  his  wife  De- 
janir-i  in  a  fit  of  jealousy,  which  he  could  not  pull  off,  he  laid 
himself  on  a  funeral  pile,  and  ordered  it  to  be  set  on  fire. 

Hercules  is  represented  of  prodigious  strength,  holding  a 
club  in  his  right  hand,  and  clothed  in  the  skin  of  the  Ne- 
maean  lion. 

Men  used  to  swear  by  Hercules  in  their  asseverations ; 
Hercle^  Mehercle^  vel  -es  ;  so  under  the  title  of  DIUS  FI- 
DIUS,  i.  c.  Z)(?W5 ./:</«,  the  god  of  faith  or  honour ;  thus.^ 
per  Dium  Iridium,  Plaut.  me  Diusjidius,  sc.  jiivety  Sallust. 
Cat.  35. 

Hercules  was  supposed  to  preside  over  treasures  ;  hence 
Dives  amico  Hercule^  Horat.  Sat-  ii.  6.  12.  dextro  Hercule^ 
by  the  favour  of  Hercules,  Pers,  ii.  1 1-  Hence  those  who 
Qbtaiued  great  riches  consecrated  fpollucebantj  the  tentb 


Religion  o/*M^ Romans.  307 

part  to  Hercules,  Or.  Nat.  D.  ili.  36.  P/aid.  Stick,  i.  3.  80, 
Bacch.  iv.  4.  15.  Phihirch.  in  Crasso,  init- 

CASTOR  and  POLLUX,  sons  of  Jupiter  and  Leda,  the 
wife  of  Tyndarus  king  of  Spart.i,  brothers  of  Hi^lena  and 
Clvtemnestra,  said  to  have  been  produced  from  two  egp-s  ; 
from  one  of  which  came  Pollux  and  Helena,  and  from  the 
other,  Castor  and  Clytemnestra.  But  Horace  makes  Cas- 
tor and  Pollux  to  spring  from  the  same  egg,  Sat.u.  L  26. 
He  however  also  calls  them  Fratres  Helen ve,  Od.  \.  3. 
2 ;  the  gods  of  mariners,  because  their  constellation  was 
much  observed  at  sea  : — called  Tyndando',  Gemini,  &c. 
Castor  was  remarkable  for  riding,  and  Pollux  for  boxing  ; 
Horat.  Od.  i.  12.  26.  represented  as  riding  on  white  horses, 
with  a  star  over  tlie  head  of  each,  and  covered  with  a  cap  ; 
hence  called  Fratres  Pileati,  Festus^  Catull.  o5. 
There  was  a  temple  at  Rome  dedicated  to  both  jointly,  but 
called  the  temple  only  of  Castor,  Dio.  xxxvii.  8.  Suet.  Cces. 
10. 

iEneas,  called  Jupiter  Indiges ;  and  Romulus,  QUIRL 
NUS,  after  being  ranked  among  the  gods,  either  from 
Quiris,  a  spear,  or  Cures,  a  city  of  the  Sabines,  Ovid.  Past. 
ii.  475._480. 

The  Roman  emperors  also  after  their  death  were  ranked 
among  the  gods. 

2.  There  were  certain  gods  called  SEMONES,  (quasi  sc- 
mihomines,  minores  diis  et  majores  hominibus),  Liv.  viii, 
20.  as, 

PAN,  the  god  of  shepherds,  the  inventor  of  the  flute ; 
said  to  be  the  son  of  Mercury  and  Penelope,  Cic.  worship- 
ped chiefly  in  Arcadia;  hence  cdW^i^  Arcadius  andJlf-eriulius, 
vel  -ides  et  Lyceus,  from  two  mountains  there  ;  Tegeceus^ 
from  a  city,  &cc.  called  by  the  Romans  Inuus  ; — represent- 
ed with  horns  and  goats'  feet- 
Pan  was  supposed  to  be  the  author  of  sudden  frights  or 
eausless  alarms  ;  from  him  called  Panici  terrdres,  Dionys. 
V.  16. 

FAUNUS  and  SYLVANUS,  supposed  to  be  the  same 
with  Pan.  The  wife  or  daughter  of  Faunas  was  Fauna  or 
Fatua,  called  also  Marica  and  Bona  Dea,  Macrob.  Sah 
'}'  12- 


308  ROMAN  ANTIQUITIES. 

There  were  several  rural  deities,  called  F  AUNI,  who  Avere 
beli<n'ed  to  occasion  the  night-mare,  (ludibria  noctis  vel  <?- 
phiaiten  immittere),  Plin.  xxv.  3. 

VER'IUMNUS,  who  presided  over  the  c/zaw^e  of  sea- 
sons and  merchandise  ; — supposed  to  transform  himself  in- 
to different  shapes.  Propert.  iv.  2.  Hence  Vertumnis  natus 
imquis,  an  inconstant  man,  Horat.  Sat,  ii.  7.  14. 

POMONA,  the  goddess  of  gardens  and  fruits  ;  the  wife 
of  Vertumnus,  Ovid.  Met.  xiv.  623.  &.c. 

FLORA,  the  goddess  of  flowers ;  called  Cloris  by  the 
Greeks,  Lactant.  i.  20.  6.  Ovid.  Fast.  v.  195. 

TERMINUS,  the  god  of  boundaries ;  whose  temple  was 
always  open  at  the  top,  JFestus.  (  Se  mpra  ne  quid  nisi  side- 
ra  cernat,  Ovid.  Fast-  ii.  671.)  And  when,  before  the  build- 
ing of  the  capitol,  all  the  temples  of  the  other  gods  were  un- 
hallowed, ( exaugurarenturJ ,  it  alone  could  not,  Liv.  i.  55. 

V.  54-   JOVI  IPSI  REGI  NOLUIT  CONCEDERE,  GfU.  xii.  6. 

which  was  reckoned  an  omen  of  the  perpetuity  of  the  empire, 
Liv.  ibid. 

PALES,  a  god  or  goddess  who  presided  over  flocks  and 
herds  ;  usually  feminine,  PustoriaV ales,  Flor.  i.  20. 

HYMEN  vtl  HYMENiEUS,  the  god  of  marric.ge. 

LAVERNA,  the  goddess  of  thieves,  Horat.  Ep-  i.  16. 
60. 

VACUNA,  who  presided  over  vacation.,  or  respite  from 
business,  Ovid.  Fast.  vi.  307. 

AVERRUNCUS,  the  god  who  averted  mischiefs,  {mala 
averuncabaf),   Varr.  vi.   5-    There  were  several  of  these. 

FASCINUS,  who  prevented  fascination  or  enchantment. 

ROBIGUS,  the  god,  and  Rub i go,  the  goddess,  who  pre- 
served corn  from  blight,  (a  rubigtne),  Gell.  v.  13. 

MEPiirriS,  the  goddess  of  bad  smells,  Serv.  in  Virg. 
Mn.  vii.  84.  CLOACINA,  of  the  cloaca,  or  common  sew- 
ers. 

Under  the  Semones  were  comprehended  the  NYMPHS, 
inijmphce),  female  deities,  who  presided  over  all  parts  of  the 
earth  ;  over  mountains,  Oreades  ;  woods,  Dryades,  Havm- 
dryadesy  Napaee  ;  rivers  and  fountains.  Naiades  vel  Naia- 
des ;  the  sea.  Nereides,  Oceanitides.,  &.c.  Each  river  was 
supposed  to  have  a  particular  deity,  who  presided  over  it ; 


Religion  of  the  Romans.  309 

as  T'lhermus  o\^x  \\\^  Tiber,  Virg.  JEn.  viii.  31.  and  77, 
Eridarms  over  the  Po  ;  taurino  vuilu^  with  the  countenance 
of  a  bull,  and  horns  ;  as  all  rivers  were  represented,  iqiiod 
flumina  sunt  atrocia^  ut  tauri^  Festus  ;  vel  propter  impetus 
et  mugitus  aquarum^  Vet.  Schol.  in  Horat.  Od.  iv.  14.  25. 
Sir  taitriformis  volvitur  Aufdits.)  Virg-  G.  iv.  371.  (Jvid. 
M  t.  ix-  pr.  Jilian.  ii.  33.  Claudian.  Cons.  Prob.  214,  &:c. 
The  sources  of  rivers  were  pju'ticularly  sacred  to  some  di- 
vinity, and  cultivated  with  religious  ceremonies,  St^nec-  Ep, 
41-  Temples  wtre  erected;  as  to  Clitumnus,  Plin.  Ep. 
viii-  8.  to  Ilissus,  Pausan.  i.  19.  small  pieces  of  money 
were  throvvn  into  them,  to  render  the  presiding  deities  propi- 
tious ;  and  no  person  was  allowed  to  swim  near  the  head  of 
the  spring,  because  the  touch  of  a  naked  body  was  suppos- 
ed to  pollute  the  consecrated  waters,  ibid.  &?  Tacit.  Annul. 
xiv.  22.  Thus  no  boat  was  allowed  to  be  on  tiie  Uicus  Va- 
dimonisy  Plin-  Ep.  viii.  20.  in  which  were  several  floating 
islands,  ihid.  &  Plin.  ii.  95.  s.  96-  Sacrifices  were  also  offer- 
ed to  fountains  t  as  by  Horace  to  that  of  Blandusia,  Od.  iii. 
13.  whence  the  rivulet  Digentia  probably  flowed,  Ep-  i.  18, 
104. 

Under  the  Semones  were  also  included  the  judges  in  the 
infernal  regions,  MINOS,  AEacus.,  and  Radamanthus : 
CHARON, the  ferryman  of  hell,  (Portitoe,  Ffr^--  Mn.  vi. 
298.  PoRTHMEUS,  -eos^  Juvenal,  iii.  266.)  who  conducted 
the  souls  of  the  dead  in  a  boat  over  the  rivers  Styx  and  A- 
cheron,  and  exacted  from  each  his  portorium  or  freight, 
(jiaulum,)  which  he  gave  an  account  of  to  Pluto  ;  hence  call- 
ed PoRTiTOR  :  the  dog  CERBERUS,  a  three-headed mon- 
ster, \vho  guarded  the  entrance  of  hell. 

The  Romans  also  worshipped  the  virtues  and  affections 
of  the  mind,  and  the  like  ;  as.  Piety  ^  Faith.,  Hope,  Concord, 
Fortune,  Fame.  Sec.  Cic.  Afat-  D.  ii.  23.  even  vices  and  dis- 
eases, Id.  legg-  ii.  11.  JK'at-  D.  iii.  25.  Juvenal.  \.  115.  and, 
under  the  emperors,  likewise  foreign  deities,  as,  Isis,  Osiris^ 

Anubisy  of  the  Egypti'ms  ;  Lucan.  viii.  831. also  the 

winds  and  the  tempests;  J^wrw.y,  the  east  wind  ;  AusteroxA'u- 
tuSy  the  south  wind  ;  ZephyruSy  the  west  wind  ;  Boreas,  the 
north  wind  ;  Africus.iU(^  southwest ;  Corwi,  the  north-east ; 
and  iEOLUS,  the  god  of  winds,  who  was  supposed  to  re- 


510  ROMAN  ANTIQUITIES. 

side  in  the  Lipari  islands,  hence  called  InsiiU  Molia  ;  AU- 
RiE,  the  air-nymphs  or  sylphs,  &c. 

The  Romans  worshipped  certain  gods,  that  they  might  do 
them  good,  and  others,  that  they  might  not  hurt  them  ;  as, 
Av  err  uncus  and  Rohigus.  There  was  both  a  good  Jupiter 
and  a  bad  ;  the  former  was  called  Dijovis,  iajuvando,)  or 
Diespi-ter^  and  the  latter,  Vejovis,  or  Vedius,  Gdl-  v.  12. 
But  Ovid  makes  Fejovis  the  same  with  Jupiter  parvus.^  or 
•non  magnus,  Fast.  iii.  445,  &c- 

II.  MINISTRI  SACRORUM,  THE  MINISTERS  OF 
SACRED  THINGS. 

J^T^ HE  ministers  of  religion  among   the  Romans,  did  not 
-*"  form  a  distinct  order  from  the  other  citizens-     (See  p. 
1 1 1.)  They  were  usually  chosen  from  the  most  honourable 
men  in  the  state. 

Some  of  them  were  common  to  ail  the  gods,  {omnium  deo- 
rum  sacerdotes  ;)  others  appropriated  to  a  particular  deity, 
{uni  aliciii  numini  addicti).     Of  the  former  kind  were, 

I.  The  PONTIFICES,  (a  posse  facere,  quia  i/lisjus  erat 
sacra faciendi ;  vel potiusaX)OwtQ:ii\citndo,  nam  ah  iissuhlicius 
est  factus  primum,  et  restitutus  seepe^  cum  ideo  sacra  et  uls 
et  cis  Tiherimfiant^  Varr.  L.  L.  iv.  15.  Dionys^  ii.  73.  iii. 
45.)  were  first  instituted  by  Numa,  IJiv.  iv.  4.  Dionys.  ii. 
73.  chosen  from  among  the  patricians  ;  four  in  number,  till 
the  year  of  the  city  454,  when  four  more  were  created  from 
the  plebeians,  Liv.  x.  6.    Some  think  that  originally  there 
"Was  onl5''  one  Pontifex;  as  no  more  are  mentioned  in  Livy, 
i.  20.  ii.  2.    Sylla  increased  their  number  to  15,  Liv,  Ep, 
89.  They  were  divided  into  Majores  and  Mi  NOREs,  Cic* 
Harusp»  R  6.  Liv-  xxii.  57.    Some  suppose  the  7  added  by 
Sylla  and  their  successors  to  have  been  called  minores  ;  and 
the  8  old  ones,  and  such  as  were  chosen  in  their  room, 
Majores.     Others  think  the  majores  were  patricians,  and 
the  minores  plebeians.     Whatever  be  in  this,  the  cause  of 
the  distinction  certainly  existed  before  the  time  of  Sylla,  Liv, 
ib-   The  whole  number  of  the  Pontifices  was  called  COL» 
LEGIUM,  Cic'Dom.  12. 

The  Pontifices  judged  in  all  causes  relating  to  sacred 
things ;  and,  in  case^j  where  there  was  na  written  law,  they- 


Ministers  o/"  Religion.  311 

prescribal  what  regulations  they  thought  proper.  Such  as 
neglected  their  mandates,  they  could  fine  according  to  the 
magnitude  of  the  offence-  Dionysius  says,  that  they  were 
not  subject  to  the  power  of  any  one,  nor  bound  to  give  ac- 
count of  their  conduct  even  to  the  senate,  or  people,  ii.  73. 
But  this  must  be  understood  with  some  limitations  ;  for  we 
learn  from  Cicero,  that  the  tribunes  of  the  commons  might 
oblige  them,  even  against  their  ^vill,  to  perform  certain  parts 
of  their  office,  Dom.  45.  and  an  appeal  might  be  made  from 
their  decree,  as  from  all  others,  to  the  people,  Ascon-  in  Cic, 
Mil.  12.  It  is  certain,  however,  that  their  authority  was  very 
great,  Cic.  Dom.  1.51.  Harusp.  JR.  10.  It  particularly  be^ 
longed  to  them  to  see  that  the  inferior  priests  did  their  duty, 
Dionys.  ibid.  From  the  different  parts  of  their  office,  the 
Greeks  called  them  U^oS'i^a.a-xMXoi,  li^ovofMt,  U^ixpu'Kcty.ei,  U^otpxvrxi, 
Sacroriim  doctor es^  administratorest  custodes,  et  mterpretest 
ibid. 

From  the  time  of  Numa,  the  vacant  places  in  the  numbo* 
qI  Pontijices^  were  supplied  by  the  college,  Dionys.  ii.  73. 
till  the  year  650  ;  when  Domitius,  a  tribune,  transferred  that 
right  to  the  people.  Suet.  Ner.  2.  Cic.  Rull.  ii.  7.  Veil.  ii.  12. 
Sylla  abrogated  this  law,  Ascon,  in  Cic.  Ccecil.  3-  but  it  was 
restored  by  Labienus,  a  tribune,  through  the  influence  of 
Julius  Caesar,  Dio.  xxxvii.  37.  Antony  again  transferred  the 
right  of  election  from  the  people  to  tlie  priests,  Dio.  xliv.7?w, 
thus  Lepidus  was  chosen  Pontifex  M-  irregularly,  ibid- fur- 
to  creatus^yGW..  ii-  61.  /«  confusione  rerum  ac  tumultu^  pan- 
tificatum  maximum  intercepit,  Liv.  Epit-  117.  Pansa  once 
more  restored  the  right  of  election  to  the  people,  Cic.  Ep.  ad 
Brut-  5-  After  the  battle  of  Actium,  permission  was  granted 
to  Augustus  to  add  to  all  the  fraternities  of  priests  as  many 
above  the  usual  number  as  he  thought  proper ;  which  power 
the  succeeding  emperors  exercised,  so  that  the  number  of 
priests  was  thenceforth  very  uncertain,  Dio.  Ii.  20.  liii.  17. 

The  chief  of  the  Poniifices  was  called  PONTIFEX 
MAXIMUS,  f  quod  n\cxyiin\\is  rerum  ^  qua  ad  sacra  ^  et  reli- 
Siones  pertinent,  judex  sit,  Festus  ;  Judex  atque  arbiter  re- 
rum  divinarum  atque  humanarum.  Id.  in  Or  do  Sacerdo- 
tum);  which  name  is  first  mentioned  by  Livy,  iii.  54.  He 
was  created  by  the  people  :  but  the  other  pontff.ces  wertr 


:n2  ROMAN  ANTlQUITlESo 

chosen  by  the  college,  Liv.  xxv.  5.  commonly  from  among 
those  who  had  borne  the  first  offices  in  the  state,  ibid.  The 
first  plebeian  Pontifex  M.  was  T.  Coruncanius,  Liv.  Ep. 
xviii. 

This  was  an  office  of  great  dignity  and  power.  The  Pon-' 
tifex  M,  was  supreme  judge  and  arbiter  in  all  religious  iaat- 
ters,  Liv.  i.  20.  ix.  46.  He  took  care  that  sacred  rires  were 
properly  performed;  and,  for  that  purpose,  all  the  other 
priests  were  subject  to  him,  Liv.  ii.  2.  He  could  hinder  any 
of  them  from  leaving  the  city,  although  invested  with  con- 
sular authority,  Iav.  JEp.  xix.  /.  xxxvii.  5.  Tacit.  AnnaL 
iii.  58.  51.  and  fine  such  as  transgressed  his  orders,  even  al- 
though they  were  magistrates,  Liv.  ibid.  xl.  2.  42.  Cic.  PliiU 
xi.  8. 

How  much  the  ancient  Romans  respected  religion  and  its 
ministers  we  may  judge  from  this  ;  that  they  imposed  a  fine 
on  Tremellius,  a  tribune  of  the  commons,  for  having  in  a 
dispute  used  injurious  language  to  Ltpidus  the  Pontiftx  M. 
( Sacrorumque  quam  magistratuum  jus  potentiusfuit) ^  Liv. 
Ep.  xlvii.  But  the  Pontifices  appear,  at  least  in  the  time  of 
Cicero,  to  have  been,  in  some  respects,  subject  to  the  tri» 
bunes,  Cic.  Dom.  45. 

It  was  particularly  incumbent  on  the  Pontifex  M.  to  take 
care  of  the  sacred  rites  of  Vesta,  Ovid.  Fast,  iii.  417.  Gell. 
i.  12.  Senec.  Contr.  i.  2.  If  any  of  the  priestesses  neglected 
their  duty,  he  reprimanded,  lAv.  iv.  44.  or  punished  them, 
lixviii- 11.  sometimes,  bj'  a  sentence  of  the  college,  capitally, 
Cic  Har.  resp.  7.  legg.  ii.  9.  Liv.  viii.  15.  xxii.  57. 

The  presence  of  the  Pontifex  M.  was  requisite  in  public 
and  solemn  religious  acts;  as  when  magistrates  vowed ganies 
or  the  like,  LJv.  iv-  27.  xxxi-  9.  xxxvi.  2.  made  a  prayer. 
Suet.  CI.  22.  or  dedicated  a  temple,  Liv.  ix.  46.  also  when 
a  general  devoted  himself  fur  his  army,  Xw.  viii-  9.  x.  7, 
28.  to  repeat  over  before  them  the  form  of  words  proper  to 
be  used,  (iis  verba  prcvire,  v-  carmen  prts/arij^  ibid,  k  v. 
4 1 .  which  Seneca  calls  Pontificale  carmen,  Co7isol.  ad 
Marc.  13.  It  was  of  importance  that  he  pronounced  tlie 
•words  without  hesitation,  Friltr.  Max-  viii.  13,  2.  He  at- 
tended at  the  Comitla :  especi^iUj'^  when  priests  were  creat- 
ed, that  he  might  inr.ugurate  them,  Liv.  xxvii.  8.  xl.  42'' 


Ministers  o/'Religion.  31S 

iikewise  wlicii  adoptions  or  testaments  were  mnde,  Tacit» 
Hist.  i.  15.  Cull.  V.  19.  XV.  27.  Cic.  Dom.  13.  Plni.pan.  37- 
At  these  the  other  pontxjict^s  also  attended  :  hence  the  comu 
tia  were  said  to  he  held,  or  what  was  decreed  in  them  to  be 
done,  rip  lid  pontijices  vtl  pro  collc^io  poJitiJicum,  in  presence 
of,  ibid.  S dtnnia  pro  pontifice  suscipere,  to  perform  the  due 
sacred  rites  in  the  presence,  or  according  to  the  direction  of 
the  Pontifcx  Miximiis,  Liv.  ii-  27.  Any  thing  done  in  this 
manner  was  also  s;id  Pontificio  jure  Jitriy  Cic.  Dom.  14. 
And  when  the  Pont  {/'ex  M.  pronounced  any  decree  of  the 
college  in  their  presence,  he  was  said  pro  collegio  res- 
pond ere,  Cic.  pro  Dom.  53.  The  decision  of  the  college 
was  sometimes  contrary  to  his  own  opinion.  He  howc^ver 
was  bound  to  obey  it,  Lav.  xxxi.  9.  What  only  three /?on- 
tifices  determined  was  held  valid.  Id.  reap.  Har.  6.  But  in 
certain  cases,  as  in  dedicating  a  temple,  the  approbation  of  the 
senate,  or  of  a  majority  of  the  tribunes  of  the  commons,  was 
requisite,  Liv  ix.  46.  The  people,  whose  power  was  su- 
preme' in  every  thing,  (ciijus  est  summa  potestas  omnium  re- 
rum,Cic.  ibid.)  might  confer  the  dedication  of  a  temple  on 
whatever  person  they  pleased,  and  force  the  Pontifex  M. 
to  officiate,  even  against  his  will ;  as  they  did  in  the  case  of 
Flavins,  L'V-  ihid.  In  some  cases  the  Flammes  and  Rex 
Sacrorum  seem  to  have  judged  together  with  the  Pontifices^ 
Cic.  Dom.  49.  and  even  to  have  been  reckoned  of  the  same 
college,  ibid.  52. 

It  was  particularly  the  province  of  the  pontifices  to  judge 
concerning  marriages.  Tacit.  Annul,  i.  10.  Dio.  xlviii.  44. 

The  Pontifex  Maximus  and  his  college  had  the  care  of  re=. 
gulating  the  year,  and  the  public  calendar,  Suet.  Jul.  40.  Aug, 
31.  Macrcb.  Sat.  I  14.  called  FASTI  KALENDARES, 
because  the  days  of  each  month,  from  kalends  to  kalends, 
or  from  beginning  to  end,  were  marked  in  them  through  the 
whole  3'ear,  what  days  wtrc/asti,  and  what  nefasti^  Wc.  Fes- 
tus  ;  the  kno'vledge  of  which  was  confined  to  the  pontifi'- 
c€s  and  patricians,  JLiv.  iv.  3-  till  C-  Flavius  divulged  them, 
i/astos  circa  forum  m  albo  proposuitj ,  Liv.  ix-  46.  (Seep. 
200.)  In  the  l^^'asti  of  each  year  were  also  marked  the  names 
of  the  magistrates,  particul  'rly  of  the  consuls,  Liv.  ix-   18. 

Faler.  Max-  vi.  2.  Ctc.  Sext.  14.  Alt.  iv.  8.  Pis.  13.  Thus-, 

Tt 


314  ROMAN  ANTIQUITIES, 

emane ratio fastonitn^  quasi  annorum^  Cic.  Fam.  v.  12. 
Tusc.  i.  28.  Fasti //2£'//2or6'^,  perraanent  records,  Horat^ 
Od.  iii.  17,  4.  iv.  14,  4.  picti,  variegated  with  different  co- 
lours, Ovid.  Fait,  i.  11.  signantes  tempora^  Id.  657.  Hence 
a  list  of  the  consuls  engraved  on  marble,  in  the  time  of  Con- 
stantius,  the  son  of  Constantine,  as  it  is  thought,  and  found 
accidentaiij'  by  bome  persons  digging  in  the  Forum,  A.  D. 
1545,  are  called  Fasti  Consulares,  or  the  Capitoline 
marbks^  because  beautified,  and  placed  in  the  capitol,  by 
Cardinal  Alexander  Farnese. 

In  later  times,  it  became  customary  to  add  on  particular 
days,  after  the  name  of  the  festival,  some  remarkable  occur- 
rence :  Thus  on  the  Liiptrcalia^  it  was  marked  {adscriptum 
est)  that  A))tony  had  oifered  the  crown  to  Caesar,  Cic.  FhiL 
ii.  34. — To  have  one's  name  thus  marked  ( ascriptumj  in 
the  Fasti^  was  reckoned  the  highest  honour,  Cic.  Ep.  ad 
Brut-  15.  Ovid.  Fast.  i.  9.  Tacit.  Annal-  i.  15-  (whence 
probaljly  the  origin  of  canonization  in  the  church  of  Rome  :) 
as  it  was  the  greatest  disgrace  to  have  one's  name  erased 
from  tlie  Fasti,  Cic.  Scxt.  14*  Fis.  13-  Ferr-  ii.  53,  'w-fin^ 
Tacit.  Annal.  iii-  17- 

The  books  of  Ovid,  which  describe  the  causes  of  the  Ro- 
man festivals  for  the  whole  year,  are  called  FASTI,  Ovid, 
Fast,  i-  7-  (Fastorum  Itbri  appellantur,  in  quibus  totiusan- 
nijit  description  Feslus,  quia  de  consulibus  et  regihus  editi 
sunt,  Isid.  vi.  8.)  The  six  first  of  them  only  are  extant- 

In  ancient  times  the  Pontifex  M.  used  to  draw  up  a  short 
account  of  the  public  transactions  of  every  year,  in  a  book* 
(in  album  ejfcrebat,  vel  pctius  referebat) ;  and  to  expose  this 
register  in  an  open  place  at  his  house,  where  the  people  might 
ctome  and  read  it ;  {proponebat  tabulam  domiy  potestas  ut  es- 
setpopulo  cognoscendi)  ;  which  continued  to  be  done  to  the 
time  of  Mucins  Scaevola,  who  was  slain  in  the  massacre  of 
Marius  and  Cinna.  These  records  were  called  in  the  time  of 
Cicero,  ANNALES  maximi,  Cic.  Orat,  ii.  12.  Gell.  iv.  5. 
as  having  been  composed  by  the  Pontifex  Maximus, 

Most  of  the  annals  composed  by  the  Pontijices  before 
Rome  was  taken  by  the  Gauls,  called  also  Commentarii, 
perished  with  the  city,  Liv.  vi.  1.  After  the  time  of  Sylla 
the  Pontijices  seem  to  have  dropt  the  custom  of  compiling 
annal.s  ;  but  several  private  persons  composed  historical  ac- 


Ministers  o/'Reliciost.  Sli^ 

counts  of  the  Roman  affi\irs ;  w  hich,  from  their  resemblance 
to  the  pontifical  records  m  the  simplicity  of  their  narration, 
they  likewise  St  i  led  Ann  ales  ;  as  Cato,  Pictor,  and  Piso, 
Cic.  ibid.  Liv.  I  44,  55.  ii-  40,  5S.  x.  9,  37.  &c.  Dionys.  iv. 
7,  15.  6V//i.  19.  Hortensius,  Fell.  ii.  16.  So  also  Tacitus. 
The  memoirs  (t;^o/«.v»;/u,<tT«),  which  a  person  wrote  concern- 
ing his  own  actions,  were  i^rop^rly  culled  COMMENTA- 
Rll,  Cic.  Fim.  V.  12.  Si/IL  16.  Ferr.  v.  21.  Suet.  Aug.  74. 
Til).  61.  as  Julius  Caesar  modestly  called  the  books  he  vvrotc 
concerning  his  wars,  Cic-  Brut.  75.  Suet.  des.  56.  and  Gel- 
lius  calls  Xenophon's  book  concerning  the  words  and  ac- 
tions of  Socrates,  («5rof6v-/}f«ovffjM,*T«,  Memorabilia  SocratisJ, 
xiv.  3.  But  this  name  was  applied  to  any  thing  which  a  per- 
son wrote  or  ordered  to  be  written  as  a  memorandum  for  him- 
self or  others,  (qute  commeminisse  opus  esset,  notes  to  help 
the  memory)  ;  as  the  iieads  of  a  discourse  which  one  was  to 
deliver,  Cic,  Brut.  44.  Quinctilian,  iv.  1,  69.  x.  7,  30.  notes 
taken  from  the  discourse  or  book  of  another,  Id.  ii.  11,  7. 
iii.  8,  67.  or  any  book  whatever,  in  which  short  notes  or  me- 
morandums were  set  down :  Thus  Commentarii  regis  A^'ufu^, 
Liv.  i.  31,  &  32-  Servii  Tullii,  ib.  60.  Eumenis,  xl.  11,  6. 
regwn,  Cic.  Rabir.  perd.  5.  C<^saris,  Cic.  Att.  xiv.  14.  7ra- 
janif  Plin.  Ep.  x.  106.  Hence,  a  commentariis,  a  clerk  or 
secretary,  Gruter.  p.  89.  Coelius  in  v/riting  to  Cicero,  culls 
the  acta  puhlica,  or  public  registers  of  the  city,  Commen- 

TARIUS  RERUM  URBANARUM,   Cic.  Fam.  viii.   11. 

In  certain  cases  the  Pontifex  M.  and  his  college  had  the 
power  of  life  and  death,  Cic.  liar.  resp.  7.  legg.  ii.  9.  but 
their  sentence  might  be  reversed  by  the  people,  Ascon.  in 
Cic.  pro  Mil.  12.  Liv.  xxxvii.  51.  xl.  42. 

The  Pontifex  M.  although  possessed  of  so  great  power,  is 
called  by  Cicero  privatus,  Cat-  i.  2.  as  not  being  a  magis- 
trate. But  some  think  that  the  title  Pontifex  Maximus  is 
here  applied  to  Scipio  by  anticipation  ;  he  not  having  then 
obtained  that  office,  according  to  Paterculus,  ii.  3.  contrary 
to  the  account  of  Appian,  B.  Cic.  i.  p.  359.  And  Cicero 
himself  elsewhere  calls  him  simply  a  private  person,  Ojf.  i. 
22-  Livy  expressly  opposes  Pontifices  to  privatus^  v.  52. 

The  Pontifices  wore  a  robe  bordered  with  purple,  {toga 
pratextaJ,  Liv.  xxxiii.  23.  Lamprid.  Ale?;.  'S'rT.  40.  and  n 


S16  ROMAN  ANTIQUITIES. 

woollen  cap,  {Ga/erus  piieus,  vcl  Tutulus,  Fcstus  &  Van. 
vi.  3.)  in  the  form  of  a  cone,  with  a  small  rod  {virgiila)  wrapt 
round  uith  wool,  and  a  tuft  or  tassel  on  the  top  of  it  ;  cal- 
led APEX,  Serv.  in  Virg.  JEn.  ii.  683.  viii.  664.  x.  270. 
often  put  for  the  whole  cap,  Liv.  vi  41-  Cic-  legg.  i.  1.  thus, 
iratos  tremere  regiim  apices ^  to  fear  the  tiara  nodding  on  the 
head  of  an  enraged  Ptrsian  monarch,  Horut.  Od.  iii.  21.  19, 
or  for  a  woollen  bandage  tied  round  the  head,  which  the 
priests  used  instead  of  a  cap,  for  the  sake  of  coolness,  Serv, 
ibid  Sulpicius  Galba  was  deprived  of  his  office  on  account 
of  his  cap  hiiving  fallen  {apex  prolapsus)^  irom  his  head  in 
the  time  of  a  sacrifice,  Valer.  Max.  i-  1,  4.  Hence  apex  is 
put  for  the  top  of  any  thing  :  as  montis  apex,  Sil.  xii.  709. 
or  for  the  highest  honour  or  ornament ;  as,  apex  senectutis 
est  auctoritas,  Cic.  Sf  n.  17. 

In  ancient  times,  the  Pontifex  M.  was  not  permitted  to 
leave  Italy,  Liv.  xxviii.  38,  44.  Dio.fragm.  62.  The  first 
P  mtifex  M.  treed  from  that  restric  ion  was  P.  Licinius 
Ci  ^.-'^sus,  A.  U  618,  Liv.  Epit-  59.  so  afterwards  Caesar, 
Swn.  22. 

The  office  oi  Pontifex  M.  was  for  life,  Dio,  Ixix.  15.  on 
which  account  Augusrus  never  assumed  that  dignity  while 
Lepidus  was  alive,  Suet.  Aug.  31-  which  Tiberius,  Dio,  Ivi. 
30.  and  Seneca,  de  clem.  i.  10.  impute  to  his  clemency.  But 
with  wdiat  justice,  we  may  learn  from  the  manner  in  which 
Augustus  behaved  to  Lepidus  in  other  respects.  For  after 
depriving  him  of  his  share  in  the  Triumvirate,  A-  U.  718. 
Dio,  xlix.  12-  and  confining  him  for  a  long  time  to  Circeji 
under  custody.  Suet.  16.  Dio,  ibid,  he  forced  him  to  come 
to  Rome,  against  his  will,  A-  U.  736,  and  treated  him  with 

great  indignity,  Dio,  liv.  15. Alter  the  death  of  Lepidus, 

A.  741,  Augustus  assumed  the  office  o^  PontifexMuximus, 
ibid.  27-  Ovid.  Fast,  iii.  420.  which  was  ever  after  held  by 
his  successors,  and  the  title  even  by  Chri.stian  emperors  to 
the  time  of  Gratian,  Zosim.  iv.  36"  or  rather  of  Theodosius  ; 
for  on  one  of  thocoins  of  Gratian,  this  title  is  annexed. 
When  there  were  two  or  more  emperors,  Dio  informs  us, 
that  one  of  them  only  was  Pontifex  M  liii.  17.  bnt  this  rule 
was  soon  after  violated,  Capitolin.  in  Balbm.  8.  The  Hier- 
archy of  tlie  church  of  Rome  is  thought  to  have  been  estab- 


Ministers  ofRELicio-x-  517 

lislied  partly  on  the  model  of  the  Fonti/ex  M.  and  tlie  col- 
lege ot  Pontifices. 

The  Pontifcx  J\I  always  resided  in  a  public  house,  (ha- 
bitavit,  sc.  Cajsjar  ^r  sacra  via^  domo  puhlica^  Suet.  Cass. 
46.)  called  Regia,  Plin.  Ep.  iv.  11,  6.  {quodm  ea  sacra  a 
rege  sacrijiculo  erant  soUta  u.surpari,  Festus  ;  vel  quod  in 
ea  rex  S'lcriji cuius  habitare  consucsset^  Serv.  in  Virg.  ilin. 
viii.  363-)  Thus  when  Augustus  became  Pontifex  Maxi- 
mus,  he  made  public  n  part  of  his  house  ;  and  gave  the  Re- 
gia (u-hich  Dio  calls  the  house  of  the  Rex  sacrorum),  Xo 
the  Vestal  Virgins;  to  whose  residence  it  was  contiguous, 
Dwy  )Iv.  27.  whence  some  suppose  it  the  same  v.  ith  the  i?*?- 
5^?.'z.Vw/72<£',  the  palace  of  Numa,  Ovid.  Trial,  iii.  1,30.  to 
which  Horace  is  supposed  to  allude  under  the  name  of  Tno- 
numenta  rtsis^  Od.  i.  2,  13-  and  Augustus,  Suet-  76. — 
said  after\^"ards  to  sustain  the  atrium  of  Vesta,  Ovid-  Fast' 
vi-  263,  called  atrium  regium,  Liv-  xxvi-  27-  Others 
suppose  it  different-  It  appears  to  ha^'e  l5ecn  the  same  widi 
l^:\tregia  mentioned  by  Festus  in  Equus  October  ;  in 
which  was  the  sanctuary  of  Mars,  Gdl-  iv,  6-  Putarch-  q. 
Rom-  96-  for  we  learn  from  Dio  that  the  arms  of  Mars,  i-  e- 
the  Ancilia,  were  kept  at  the  house  of  Caesar,  as  being  Po?i- 
tifr.x  M-  xliv-  17'  Macrobius  says  that  a  ram  used  to  be  sa- 
crificed in  it  to  Jupiter  every  Nundina  or  market-day,  by 
the  wife  of  the  Flamen  dialis,  (Flaminica,)  Sat-  i-  16- 

A  Pontifex  M'  was  thought  to  be  polluted  by  touching 
and  even  by  seeirig  a  dead  body  ;  Senec  cofisol.  ad  Mure-  15- 
Dio,  liv-  28,  35.  Ivi-  31-  as  was  an  augur,  Tacit-  Annal-  i- 
62-  So  the  high  Priest  among  the  Jews,  Levit.  xxi-  11. 
Even  the  statue  of  Augustus  was  removed  from  its  place, 
that  it  might  not  be  violated  by  the  sight  of  slaughter,  Dio^ 
Ix-  13-  But  Dio  seems  to  think  that  the  Pontifex  M.  vv^as 
violated  only  by  touching  a  dead  body,  liv-  28* 

IL  AUGURES,  anciently  called  hu svice%^  Plutarch- 
Q-  Rom'  72-  whose  office  it  was  to  foretel  future  events, 
chiefly  from  the  flight,  chirping,  or  feeding  of  birds,-(e'a?  avium 
gestu  \t\garritu  et  spectione,  Festus),  and  also  from  other 
appearances,  Cic-  Fam-  vi-  6-  Horat-  Od-  iii-  27,  &c.  a  body 
of  priests,  {amplissimi  sacerdotn  collegiu m),  Cie-  Fam* 
iii  10-  of  tlie  greatest  authority  in  the  Roman  state,  Liv-  \ 


I 


518  XiOMAN  ANTIQUITIES 

36-  because  nothing  of  importance  was  done  respecting  the 
public,  either  at  home  or  abroad,  in  peace  or  war,  without 
consulting  them,  ^fiisi  auspicato,  Liv-  i-  36-  vi.  41.  sine  aus- 
piciisy  Cic-  divin-  i-  2-  nisi  augurio  acfo.  Id-  17'  ii-  36-  Varr- 
V-  6-  vel  capto,  Suet.  Aug.  95)  and  anciently  in  affairs  of 
great  consequence,  they  were  equally  scrupulous  in  private, 
Cic-  div.  i-  16. 

Augur  is  often  put  for  any  one  who  foretold  futurity, 
Cic.  divin.  ii.  3,  4.  Fam*  \i.  6.  So  Augur  Apollo^  i.  e. 
qui  augurio  present ^  the  god  of  augury,  Horat.  Od.  i*  2,  32. 
Virg.  MiU.  iv.  376.  Auspex  denoted  a  person  who  observ- 
ed and  hiterpreted  omens,  (auspicia  vel  omina),  Horat.  Od» 
iii.  27,  8.  particubrly  the  priest  'vho  officiated  at  marriages, 
Juvenal,  x.  336.  Cic.  Cluent.  5-  Plaut  Cas.  proL  86.  Suet. 
CI.  26.  Liv.  xlii-  12.  In  later  times,  when  the  custom  of  con- 
sulting the  auspices  was  in  a  great  measure  dropt,  Cic-  JVat, 
D.  1.  15.  ii.  3.  Legg.  ii.  13.  those  employed  to  witness  the 
signing  of  the  marriage  contract,  and  to  see  that  every  thing 
was  rightly  performed,  were  called  Auspices  Nuptia- 
EUM,  Cic.  Divin.  i.  16.  otherwise  Pro-xeneta^  conciliator es^ 
7ca,^«,\-jfjL(pm^  pronuhi.  Hence  auspex  is  put  for  a  favourer  or  di- 
rector ;  thus  Auspex  leges..  Cic.  Att.  ii,  7.  Auspices  acpto- 
rum^  operuniy  favourers,  Firg.  A^n.  iii.  20.  Diis  auspicibusy 
under  the  direction  or  conduct  of,  Id.  iv.  45,  So  auspice  mu- 
sa,  Horat.  Ep.  i.  3,  13.  Teucro,  Od.  i.  7,  27. 

AUGURIUM  and  AUSPICIUM  are  commonly  used 
promiscuously,  Virg.  Mn.  i-  392.  Cic.  div-  i.  47.  but  they 
are  sometimes  distinguished.  Auspieium  was  properly  the 
foretelling  of  future  events,  from  the  inspection  of  birds  ; 
augiiriutn^  from  any  omens  or  prodigies  whatever,  J\on.  v. 
30.  So  Cic.  Nat.  D.  ii.  3.  but  each  of  these  words  is  often 
put  for  the  omen  itself,  Firg.  ^'^n.  iii.  89,  499.  Auguhium 
sALUTis,  when  the  augurs  were  consulted  whether  it  was 
lawful  to  ask  safety  from  the  gods,  Dio.  xxxvii.  24.  Ii-  21. 
Suet.  Aug.  31.  Tacit.  Annal.  xii.  23.  Cie.  div.  i.  47.  The 
omens  were  also  called,  ostenta,  portenta,  mofistra.,  prodigia, 
{quia  ostcndmity  portendunt^  monstranty  pr^dicuntJy  Cic, 
div.  i.  42. 

The  auspices  taken  before  passing  a  river,  were  called 
Peremnia,  Festus^  Cic,  N'at.  D.  ii.  37.  CDiv.  ii.  36.  from 


Ministers  o/'Religioi^  319 

the  beaks  of  birds,  as  it  is  thought,  ex  AcuMiNiBus,akind 
©f  auspiccb  peculiar  to  war,  ibid,  both  oi  which  had  fallen 
Into  disuse  in  the  time  of  Cicero,  ibid. 

The  Romans  derived  their  knowledge  of  augury  chiefly 
from  the  Tuscans  ;  and  anciently  their  youth  used  to  be  in- 
structed as  carefully  in  this  art,  as  afterwards  they  were  in 
the  Greek  literature,  Llv.  ix.  36.  Cic.  kgg.  ii-  9.  For  this 
purpose,  by  a  decree  of  the  senate,  six  of  the  sons  of  the 
leading  men  at  Rome,  were  sent  to  each  of  the  12  states  of 
Etruria,  to  be  taught,  Cic.  div.  i.  41.  Valerius  Maximus 
says,  ten,  i-  1.  It  should  probably  be  in  both  authors,  one 
to  each. 

.  Before  the  city  of  Rome  was  founded,  Romulus  and  Re- 
mus are  said  to  have  agreed  to  determine  by  augury  (augu- 
riis  legere)  who  should  give  name  to  the  new  city,  and  who 
should  govern  it  when  built.  Ron^ulus  chose  the  Palatine 
Jiill,  and  Remus,  the  Aventine,  as  places  to  make  their  ob- 
servations, fteryipla  ad  inaiigurandum) .  Six  vultures  first 
appeared  as  an  omen  or  augury  {augiirium)  to  Remus ;  and 
after  this  omen  was  announced  or  formally  declared,  (nzm- 
ciato  augmio^  or,  \s  Cicero  calls  it,  decantato^  Divin.  i.  47. 
see  p.  94,  &  95.)  twelve  vultures  appeared  to  Romulus. 
Whereupon  each  was  saluted  king  by  his  own  party.  The 
partizans  of  Remus  claimed  the  crown  to  him  from  his  hav- 
ing seen  the  omen  first  -,  those  of  Romulus,  from  the  num- 
ber of  birds.  Through  the  keenness  of  the  contest  they  came 
to  blows,  and  in  the  scuffle  Remus  fell.  The  common  re- 
port  is,  that  Remus  was  slain  by  Romulus  for  having  in  de- 
rision leapt  over  his  walls,  Liv.  i,  7. 

After  Romulus  it  became  customary  that  no  one  should 
enter  upon  an  office  without  consulting  the  auspices,  Dio- 
nys.  iii.  ^5.  But  Dionj^sius  informs  us,  that  in  his  time,  this 
custom  was  observed  merely  for  form's  sake.  In  the  morn- 
ing of  the  day  on  which  those  elected  were  to  enter  on  their 
magistracy,  they  rose  about  twilight,  and  repeated  certain 
prayers  in  the  open  air,  attended  by  an  augur,  who  told  them 
that  lightning  had  appeared  on  the  left,  which  was  esteemed 
a  good  omen,  although  no  such  thing  had  linppened.  Tin's 
verbal  declaration,  although  false,  was  reckoned  sufficient, 
Dionys.  ii.  6. 


52d  ROMAN  ANTIQUITIES. 

The  augurs  are  supposed  to  have  been  first  instituted  by 
Romulus,  three  in  number,  one  to  each  tribe,  Liv.  x.  6.  as 
the  HaruspiceSy  Dionys.  ii.  22.  and  confirmed  b>  Numa» 
ibid-  64.  A  fourth  was  added,  probably  by  Scrvius  Tulli- 
iis,  when  he  increased  tlie  nuvnber  of  tribes,  and  divided  the 
city  into  four  tribes,  Id-  iv.  34.  Liv  i«  13-  The  augurs  were  at 
first  all  patricians;  till  A-  U.  454,  when  five  plebeians  were 
added,  Liv-  x  9-  Sylla  increased  their  number  to  fifteen, 
JLiv-  Ep'  Ixxxix-  They  were  at  first  chosen,  as  the  other 
priests,  by  the  Comitia  Curiata^  Dionys-  ii-  64-  and  after- 
wards underwent  the  same  changes  as  the  ponUfices-  Liv-  iii» 
37.    Seep.  310. 

The  chief  of  the  augurs  was  called  Magister  Colle- 

GII. 

The  augurs'enjoyed  this  singular  privilege,  that  of  what- 
ever crime  they  were  guilty,  they  could  not  be  deprived  of 
their  ofiice,  Plin-  Ep,  iv-  8.  because,  as  Plutarch  says,  Q. 
Mom,  97.  they  were  entrusted  with  the  secrets  of  the  empire. 
The  laws  of  friendship  were  anciently  observed  with  great 
eare  among  the  augurs  :  and  no  one  was  admitted  into  their 
number,  who  was  known  to  be  inimical  to  any  of  the  col- 
lege, Cic.  Faip.-  iii.  10.  In  delivering  their  opinions  about 
any  thing  in  the  college,  the  precedency  was  always  given 
to  age,  Cic,  Sen.  18. 

As  the  Pontijices  prescribed  solemn  forms  and  ceremo- 
nies, so  the  augurs  explained  all  omens,  Cic-  Harusp.  9. 
They  derived  tokens  isigjia)  of  futurity  chiefly  from  five 
sources ;  from  appearances  in  the  heavens,  as  thimder  or 
lightning  ;  from  the  singing  or  flight  of  birds,  Stat.  ihcb.  iii. 
482. ;  from  the  eating  of  chickens ;  from  quadrupeds  ;  :Mjd 

from  uncommon  accidents,  called  Dins  v,  -a, The 

birds  which  gave  omens  by  singing  (oscine's)  were  the  ra- 
ven, {corvus).,  the  crow,  {'cornixJ,  the  owl,  {nncturr  vel  du- 
bo),  the  cock,  C gallm  gallinaceusi),  &c.  F^stus.  Plin.  x.  20. 
s.  22.  29.  s.  42-*— by  flight,  (alites  re/ pr.epetes),  were 
the  eagle,  vulture,  &c.  ib.  Gell.  vi.  6.  Scru.  in  Firg.  jEn,  iii. 
361.  Cic.  div.  i-  47.  J\at.  D.  ii.  64. — by  feeding  chickens, 
(puLLi),  Cic.  div.  ii.  34.  seep.  95.  much  attended  to  in  war, 
Plin-  X.  22-  s.  24.  Liv-  x-  40-  and  contempt  of  their  intima- 
tions was  supposed  to  occasion  signal  misfortunes ;  as  in 


Ministers  o/'RELicioJr.  321. 

the  case  of  P.  Claudius  in  the  first  Punic  war  ;  who,  when 
the  person  who  had  the  charge  of  the  chickens,  (pullari- 
us),  told  him  they  would  not  cat,  which  was  esteemed  a 
bad  omen,  ordered  the  m  to  be  thrown  into  the  sea,  saying, 
Tlicn  let  them  drink-  After  which,  engaging  tlie  enemy,  hd 
was  defeated  with  the  loss  of  his  fleet,  Cic  Nat-  D  \\.  3-  div- 
i-  16-  Liv'  Ep-  xix-  Valer-  M<!X-  i.  4,  3-  Concerning  omi- 
nous birds,  &C'  see  Statius,  T/icb-  iii-  502,  &c. 

The  badges  of  the  augurs  {Ornamenta  au^uraliay  Liv-  x. 
70  were,  1-  a  kind  of  robe,  called  TRABEA,  striped  with 
purple,  {virgata  vel  palmata,  a  trabibus  dicta) ^  according  to 
Servius,  made  of  purple  and  scarlet,  (ex  purpura  et  cocco 
viistum)^  in  Virg.  /En.  vii-  612.  So  Dionysius,  speaking  of 
the  dress  of  the  Salii,  ii.  70.  who  describes  it  as  fastened  with 
clasps,  ibid,  hence  bibaphum,  i.  e.  purpuram  bis  tinctam, 
cogitare^  to  desire  to  be  made  an  augur,  Cic.  Fam-  ii.  16.  bi- 
bapho  vestire^  to  make  one,  Att.  ii.  9. — 2-  A  cap  of  a  coni- 
cal shape,  like  that  of  the  pontijices^  ibid — 3.  A  crooked 
staff,  which  they  carried  in  their  right  hand  to  mark  out  the 
quarters  of  the  heavens,  Cquo  regiones  cceli  determinarent), 
called  LITUUS,  (baculus  v.-um^  sine  nodo  aduncus.,  Liv.  i. 
18.  Incurvum  et  ieviter  a  summo  inflexum  bacillum^  quod 
ab  ejus  litui,  quo  canitur^  similitudine  nomen  invemt,  Cic.  di- 
vin.  i.  17.  Firga  breins,  in  parte  qua  robustior  est,,  incurva, 
Gell.  V-  8.) 

An  augur  made  his  observations  on  the  heavens,  (SER- 
VABAT  decoelo,  v.  ccelum,  Cic.  div.  ii.  ^5.  Dom.  15.  PhiL 
ii.  32.  Lucan.  i.  601.  v.  395.)  usually  in  the  dead  of  the  night, 
fpost  mediam  noctem,  Gell.  iii.  2.  media  nocte,  Liv.  xxxiv. 
14.  cum  est  silentium,  Festus :  nocte  silentio,  Liv-  ix, 
58.  viii.  2'^.  aperto  cxb^  ita  ut  apertis  uti  liceat  lucerms^  Plu- 
tarch. Q.  R.  1\.  Id  silentium  dicimusin  auspicio^  qiiodomni 
vitio  carety  Cic.  div.  ii.  44.)  or  about  twilight,  Dionys,  ii.  5* 

The  augur  took  his  station  on  an  elevated  place,  called 

ARX  vel  TEMPLUM,  JjLV.  \.  6.  Vcl  T ABERN ACULUM,  LlV. 

iv.  7.  Cic-  div.  ii.  35.  which  Plutarch  calls  '^x.fivn,  inMarcelL 
p.  300.— where  the  view  was  open  on  all  sides ;  and  to  make 
it  so,  buildings  were  sometimes  pulled  down.  Having  first 
offered  up  sacrifices,  and  uttered  a  solemn  prayer,  (eff  a  t  a, 
Rlur.  !^erv.  Hrg.  Mn.  vt,   197.  whence  effari  templupi,  td 


322  ROMAN  ANTIQUITIES. 

consecrate,  Cic.  Att.  xiii.  42.  hinc  fan  a  nomitiaia,  quod 
pontijices  in  sacrando  fati  suntjinem^  Varr.  L-  L.  v.  7.)  he 
sat  down  {stdem  cepit  in  solida  sella,)  with  his  head  co- 
vered, (capite  velato)y  and,  according  to  Livy,  i,  18.  with 
bis  face  turned  to  the  east ;  so  that  the  parts  towards  the 
south  were  on  the  right,  (partes  dextrce),  and  those  towards 
the  north  on  the  left,  {l(€v^).  Then  he  determined  with  his 
lituuSf  the  regions  of  the  heavens  from  east  to  west,  and 
marked  in  his  mind  some  object  straight  forward,  -{signum 
contra  animo  finivit)^  at  as  great  a  distance  as  his  eyes  could 
reach  :  within  whicii  boundaries  he  should  make  his  obser- 
vation, Lw.  i.  18.  This  space  was  also  called  TEMPLUM, 
(ji  tucndo  :  locus  augurii  aut  auspicii  causa  quibusdam  con- 
ceptis  Dcrbis  JimtuSi  Varr.  L-  L.  vi.  2.  Donat.  in  Ter-  iii.  5. 
42.)  Dionysius  gives  the  same  description  with  Livy  of  the 
position  of  the  augur,  and  of  the  quarters  of  the  heavens,  ii. 
5.  so  Hyginus,  de  limit.  But  Varro  makes  the  augur  look 
towards  the  south,  which  he  calls  pars  antica  ;  consequent- 
ly, the  pars  shiistra  was  on  the  east,  and  dextra  on  the  west ; 
that  on  the  north  he  calls  postica,  ibid.  In  whatever  position 
the  augur  stood,  omens  on  the  left  among  the  Romans  were 
reckoiied  (ucky.  Plant.  Pseud,  ii.  4,  72.  Epid.  ii.  2.  1. 
Serv.  in  Firg.  JEn.  ii.  693.  Stat.  Theb.  iii.  493.  Cic,  legg, 
iii.  3.  Div.  ii.  35.  Gcll.  v.  12.  Ovid.  Trist.  i.  8.  49.  Dionys. 
ii.  5.  but  sometimes  omens  on  the  left  are  called  unlucky, 
Virg.  Eel.  i.  18.  ix.  15.  Suet.  CI.  7.  Fit.  9.  Ovid.  Epist.  ii. 
115.  Tnst.  iv.  3.  69.  in  imitation  of  the  Greeks,  among 
whom  augurs  stood  with  their  faces  to  the  north,  and  then 
the  east,  which  was  the  lucky  quarter,  was  on  the  right.  (Si- 
nistrum^  quod  bonum  sity  nostri  nominaverunty  externi,  (sc. 
GrccciJ,  dextrum,  Cic.  div.  ii.  36.)  Hence  c/ie.x^cr  is  often 
put  for felix  vel/austus,  lucky  or  propitious,  Firg.  .^n.  iv. 
579.  viii.  302.  and  sinister  for  in/elix,  infaustus^  vd/unestuSt 
unlucky  or  unfavourable,  Id.  1.  444,  Plin.  Ep.  i.  9-  vii.  28. 
Tacit.  Hist.  V.  5.  Thunder  on  the  left  was  a  good  omen  for 
everj^  thing  else  but  holding  the  comitia^  Cic.  div.  ii.  18.  35, 
The  croaking  of  a  raven  (corvus)  on  the  right,  and  of  a  crow 
{comix)  on  the  left,  was  reckoned  fortunate,  and  vice  versa, 
Cic.  diy.  i-  7.  &  39-  In  short,  the  whole  art  of  augury  a- 
mong  the  Romans  was  involved  in  uncertainty,  ibid.    It 


Ministers  o/ Religion.  o2'S 

seems  to  have  been  at  first  contrived,  and  aft(  rwards  culti^ 
vated,  chiefly  to  increase  the  influence  of  the  leading  men 
over  the  multitude. 

The  Romans  took  omens  (owm«  captabant)  also  from  qua- 
drupeds crossing  the  way  or  appeai-ing  in  an  unaccustomed 
place,  C Juvenal,  xiii.  62-  Hurat.  Od.  iii-  27.  Lw.  21-  iilt- 
xxii-  1)  from  sneezing,  (tx  sternutationej ^  spilling  salt  on 
the  table,  and  other  accidents  of  that  kind,  which  were  call- 
ed DiRA,  sc.  signa,  or  Dir^e,  Cic  de  divinat-  \  IC-  ii-  40 
Dio-  xl.  18-  Ovid-  Amor-  i-  12.  These  the  augurs  explained, 
and  taught  how  they  should  be  expiated.  When  they  did 
50,  they  were  said  commentari,  Cic.  Amic-  2.  If  the  omen 
was  good,  the  phrase  was,  Impetratum,  inauguratum 
EST,  Plant.  Asm-  ii.  11.  and  hence  it  was  called  Augurium 
impetrativum  vel  optatum^  Serv.  in  Virg.  i^n.  v.  190.  Ma- 
ny curious  instances  of  Roman  superstition  with  respect  to 
omens  and  other  things  are  enumerated,  Flith  28.  2.  as  a- 
mong  the  Greeks,  Pausan.  iv.  13. — Caesar,  in  landing  at 
Adrumetum  in  Africa  with  his  army,  happened  to  fall  on  his 
face,  which  was  reckoned  a  bad  omen  ;  but  he,  with  great 
presence  of  mind,  turned  it  to  the  contrary  :  for,  taking  hold 
of  the  ground  with  his  right  hand,  and  kissing  it,  as  if  he  had 
fallen  on  purpose,  he  exclaimed,  I  take  possession  of  thee, 
0  Africa^  rTENEo  te,  Africa),  Dio,  yiYu.Jin.  Suet.JuL 
59.^ 

Future  events  were  also  prognosticated  by  drawing  lots, 
(sortibus  diwendis),  Cic.  div.  ii.  33.  thus,  Oracula  sortibu.s 
(cquatis  ducuntur^  Id.  i.  18.  that  is,  being  so  adjusted,  that 
they  had  all  an  e^/wa/ chance  of  coming  out  first,  Plant.  Cas. 
ii.  6.  2)S.)  These  lots  were  a  kind  of  dice  {tali  v.  tessera) 
made  of  wood.  Plant.  Cas.  ii.  6.  32.  gold,  Suet.  Tib.  14.  or 
otner  matter,  Plaut.  ibid.  46.  Pausan.  Messen.  iv.  3.  Eliac. 
V.  25.  with  certain  letters,  words  or  marks  inscribed  on  them, 
Cic.  div.  ii.  41.  They  were  thrown  commonly  into  an  urn, 
ibid,  sometimes  filled  with  water,  Plaut  ibid.  28,  &  33.  and 
drawn  out  by  the  hand  of  a  boy,  or  of  the  person  who  consult- 
ed the  oracle.  The  priest  of  the  temple  explained  tlie  import 
of  them,  Cic.  div.  i.  34.  The  lots  were  somecimes  thrown 
like  common  dice,and  the  throws  esteemed  favourable  or  not, 
as  in  playing,  Suet.  Tib.  14.  Propert/xv,  9. 19,  Sortes  dc. 


324  ROMAN  ANTIQUITIES, 

notes  not  only  the  lots  themselves,  and  the  answer  returned 
from  the  explanation  of  them,  thus,  Sortes  ipsas  et  cetera^ 
qucs  erant  ad  sortem^  i.  e.  ad  responsum  reddendum  pa- 
rata^  disturbavit  simian  Cic.  div.  i.  34.  Liv.  viii.  24.  but  aL 
so  any  verbal  responses  vi'hatever  of  an  oracle,  (^sortes  quc£ 
vaticinatione  funduntur^  qua"  oracla  verius  dicimusy  Cic. 
div.  ii.  33.  &.  56.  Dictce  per  carmina  sortes,  Horat.   art. 
p.  403.     So  Liv.  i.  56.  v.  15.  Virg.  Mn.  iv.  346.  vi.  72. 
Ovid.  Met.  i.   368.  &  381.   8tc.     Thus  Oraculum  is 
put  both  for  the  temple,  Cic.  Font  10- Ep-  ad  Brut-  2- and 
the  answer  given  in  it,  Cic-  div  i-  1«  34-  &  51-  &c  Tacitus 
calls  by  the  name  of  Sortes  the  manner  which  the  Germans 
used  to  form  conjectures  about  futurity.  They  cut  the  branch 
of  a  tree  into  small  parts  or  slips  {in  surculosj,  and  distin- 
guishing these  slips  by  certain  marks,  scattered  them  at  ran- 
dom (temere  acfortuito')  on  a  white  cloth-     Then  a  priest, 
if  the  presage  was  made  for  the  public,  isi  publice  consule- 
retur'),  if  in  private,  the  master  of  a  family,  havii  g  prayed  to 
^the  gods,  and  looking  to  heaven,  took  up  each  of  the  slips 
three  times,  and  interpreted  it  according  to  the  mark  impres- 
sed on  it,  Tacit-  de  mor-  G-  10.     Of  prophetic  lots,  those  of 
Praencste  were  the  most  famous,  Cic.  div.  ii.  41.  Suet  Tib, 
6'3.  Domit.  15.  Stat.  Sylv.  1.  3.  80.  Livy  mentions  among 
unlucky  omens  the  lots  of  Caere  to  have  been  diminished  in 
their  bulk,  (^extenuata^  xxi.  62.  and  of  Falerii,  xxii.  1.  O- 
mens  of  futurity  were  also  taken  from  names,  Plaut.  Pers, 
iv.  4.  73.  Bacch.  ii.  3.  50.  Those  who  foretold  futurity  by 
lots,  or  in  any  manner  whatever,  were  called  Soetilegi; 
Lucan.  ix.  581.  which  name  Isidorus  applies  to  those,  who, 
upon  opening  any  book  at  random,  formed  conjectures  from 
the  meaning  of  the  first  line  or  passage  which  happened  to 
cast  up,  viii.  9.     Hence  in  later  writers  we  read  of  the  Sor- 
tes ViRGiLiANiE,  Homericx,  &c.    Sometimes  select  ver- 
ses were  written  on  slips  of  paper,  (m  pittaciis),  and  being 
thrown  into  an  urn,  were  drawn  out  like  common  lots ; 
whence  of  these  it  was  said,  Sors  excidit,  Spartian.  Adrian, 
2-  Lamprid.  Alex.  Sev.  14. — Those  who  foretold  future  e- 
vents  by  observing  the  stars,  were  called  Astrologi,  Cic. 
divin-  i.  38.  39.  ii.  42.  Vtrr.  ii-  52.  Mathematici,  Suet. 
4ii^'  §4'.  Til?*  Qol*  57.  Tacit t  BisU  i.  22.  Juvenal,  vi.  56^ 


Ministers  q/' Religion.'  32^ 

xiv-  248-  G E  N  E  T II L I A  c  I ,  Gell-  xiv.  1 .  from  genesis  vel  ge- 
nitimi,  the  nativity  or  natal  hour  of  any  one,  or  the  star 
whicli  liuppei«d  to  be  then  nain^, (sidusnatalitium,  Cic.  div. 
ii.  43.)  Juvenal,  xiv.  248.  Suet.  Tit.  9.  and  which  was  sup- 
posed to  determine  liis  future  fortune  :  called  also  Horosco- 
pus  (ab  hora  mspiciendaj  thus,  Geminos^  horoscope^  varo 
(for  varioj  producis  genio  ;  O  natal  hour,  although  one  and 
the  same,  thou  producest  twins  of  different  dispositions, 
Pers.  vi.  18.  Hence  a  person  was  said  habere  imperatoriam 
geiiesim,  to  whom  an  astrologer  had  foretold  at  his  birth,  that 
he  would  be  emperor.  Suet.  Vesp.  14-  Dom.  10.  Those  as- 
trologers were  also  called  Ch A LD EI  or  Babylonii,  be- 
cause they  came  oricrinally  from  Chaldea  or  Babylonia, 
Strah.  xvi.  739.  or  Mesopotamia^  i.  e.  the  country  between 
thecoviflnx  of  the  Euphrates  and  Tigris,  Plin.  vi.  28.  Dio- 
dor.  ii.  29.  Hence  Chaldaicis  rationibus  eruditas,  skilled  in 
astrology,  C?c.  div.  ii.  47.  Babr/lonica  doctrina^  astrology, 
Lucrct'  V.  726. —  nee  Babylonios  tentaris  numeros^  and  do 
not  try  as+rologic:il  calculations,  i.  e.  do  not  consult  an  as- 
trologer, H'-rat.  Od.  i.  1 1.  who  used  to  have  a  book,  {Ephe- 
jneris,  v.  plur.  -ides,)  in  which  the  rising  and  setting,  the 
conjunction,  and  other  appearances  of  the  stars  were  calcu- 
lated. Some  persons  were  so  superstitious,  that  in  the  most 
trivi^il  affiiirs  of  life  they  had  recourse  to  such  books,  Plin, 
29.  1.  which  Juvenal  ridicules,  vi.  576.  An  Asiatic  astrolo- 
ger (Phrt/x  Augur  ^  et  Indus  J  skilled  in  astronomy  {astro- 
rum  mundique  peritus),  was  consulted  by  the  rich  ;  the  poor 
applied  to  common  fcjrtune-tellers,  (sortilegi  vel  divini),  who 
usually  sat  in  the  Circus  Maximus,  ibid,  which  is  therefore 
called  by  Horace  /allax,  Sat-  i.  6.  113. 

Those  who  foretold  future  events  by  interpreting  dream s^. 
were  called,  Conjectores  ;  by  apparent  inspiration,  harioli^ 
V.  divini ;  vates  v.  vaticinatores,  &c. 

Persons  disordered  in  their  mind,  {meiancholici,  cardiaci, 
et.ph?'enetici),wcTe  supposed  to  possess  the  faculty  of  presng- 
ing  future  events,  Cic.  div.  i.  38.  These  were  called  by  va- 
rious other  names  ;  CERRITI  or  Ceriti,  Plant.  Amph.  ii. 
2.  144.  Horat.  Sat.  ii.  3.  278.  because  Ceres  was  supposed 
sometimes  to  deprive  her  worshippers  of  their  reason,  jVon, 
i.  213.  also  Larvati,  Larvarumplenif  \,q, furiosi etmente 


S26  JiOMAN  ANTIQUITIES. 

motif  quasi  Larvis  et  spectris  exterriti,  Festus,  Plaut.  Men. 
V.  4.  2.  and  Lymph atici,  or It/mphatiyYir^.  JEn.  vii.  37-7. 
Liv.  vii.  17-  («  nymphis  infurorem  actu  vvf^<po>^i}7rTei,  Varro  L. 
L.  vi.  5.  qui  speciem  quandam  efonte^  id  est  effigiem  nym- 
pha  viderintf  Festus),  because  the  nymphs  made  those  who 
saw  them  mad,  Ovid.  Ep.  iv.  49.  Isidore  makes  lymphati- 
cus  the  same  with  one  seized  with  the  hydrophobia,  (qui  a- 
quam  timeat,  v^io<po^6i)^  x.  litera  L~  Pavor  lymphaticus,  a 
panic  fear,  Liv.  x.  28.  Senec.  Ep.  13.  Nw.nmiaun  lymuha- 
tici,  burning  in  the  pockety  as  eager  to  get  out,  or  to  be  spent, 
Flaut.  Poen.  i.  2.  132.  Mens  lymphata  Mar^otico,  intoxi- 
cated,  Horat.  Od.  i.  37.  14.  As  hellebore  was  used  in  cur- 
ing those  who  were  mad,  hence  elkhorosiis  for  insanusy 
Plaut.  Rud.  iv«  3.  67.  Those  transported  with  religious  en- 
thusiasm were  called  Fan  atici,  Juvenal,  ii.  113.  iv.  123. 
Cic.  divin.  ii.  57.  Dom.  60.  from  fanltm,  ^.fari^  because 
it  was  consecrated  by  a  set  form  of  words,  {fando)^  Festus, 
&  Varr-  L.  L«  v.  7. — or  from  Faun  us,  (qui  primus  fani 
conditor  fuit)y  Serv.  in  Virg.  G*  i.  10.  From  the  influence 
of  the  moon  on  persons  labouring  under  certain  kinds  of  in- 
sanity, they  are  called  by  later  writers  LUNATIC  I. 

HARUSPICES,  (ab  htiruga,  i.  e.  hostia^  Donat.  in  Ter. 
Phorm.  iv.  4.  28.  vel  potius  a  victimise  aut  extis  victimarum 
in  ara  iiispiciendis)  ;  called  also  Extispices,  Cic.  div.  ii. 
11.  Non.  i.  53.  who  examined  the  victims  and  their  entrails, 
after  they  were  sacrificed,  and  from  thence  derived  omens 
of  futurity;  Stat.  J'Aei^.iii.  456.  also  from  the  flame,  smoke, 
and  other  circumstances  attending  the  sacrifice  ;  as  if  the 
victim  came  to  the  altar  without  resistance,  stood  there  quiet- 
ly, fell  by  one  stroke,  bled  freely,  &c.  These  were  favoura- 
ble signs.  The  contrary  are  enumerated,  Firg.  G.  iii.  486, 
Lucan.  i.  609,  &c.  They  also  explained  prodigies,  Cic.  Cat, 
iii-  8.  Div.  i.  3.  Suet.  Aug.  29.  Plin.  vii.  3.  Their  office  re~ 
sembled  that  of  the  augurs ;  but  they  were  not  esteemed  so 
honourable  :  hence,  when  Julius  C^sar  admitted  Ruspina, 
one  of  them,  into  the  senate,  Cicero  represents  it  as  an  in- 
dignity to  the  order,  Fam.  vi.  18.  Their  art  was  called  Ha- 
RuspiciN  a,  v.  liaruspicum  disciplina,  Cic.  div.  i-  2. 41.  de- 
rived from  Etruria,  where  it  is  said  to  have  been  discover- 
ed by  one  Tages,  Cic.  div,  ii.  23.  Ovid,  Met,  xv.  553,  Lu- 


Ministers  (?/*Religion.  327 

can.  i.  637.  Censorin.  nat.  d-  4.  and  whence  Haruspices  were 
often  sent  for  to  Rome,  Lw-  v.  15.  xxvii.  37-  Ck\  Cat.  iii. 
8.  Lucan  i.  584.  Martial,  iii.  24.  3.  They  sometimes  came 
from  the  east ;  tlms  Armenhis  vel  Comagemts  harusl)ex,  Ju- 
venal, vi.  549.  Females  also  practised  this  art,  (Arus- 
pic/e)  Plant.  Mil.  Glor.  iii.  1.  99.  The  college  of  the  Ha^ 
ruspices  was  instituted  by  Romulus,  Dinoys.  ii.  22.  Of 
what  number  it  consisttd  is  uncertain.  Their  chief  was 
called  SuMMi/s  Haruspex,  Cic.  div.  ii.  24. 

Cato  used  to  say,  he  was  surprised  that  the  Haruspices 
did  not  laugh  when  they  saw  one  another,  Cic.  ?iat.  D.  i, 
26.  Divi7i.  ii.  24.  their  art  was  so  ridiculous  ;  and  yet  won- 
derful instances  are  recorded  of  the  truth  of  their  predic- 
tions, Lw.  XXV.  16.  Sallust.  Jug.  63.  Tacit.  Hist,  i-  27. 
Suet.  Gall)-  19.  Suet.  C^s.  81.  Dio.  xliv.  18. 

Ill-  QUINDECEMVIRI  sacrisfaciundis,  who  had  the 
charge  of  the  Sil^ylline  books,  inspected  them  by  the  ap- 
pointment of  the  senate  in  dangerous  junctures,  and  perform- 
ed the  sacrifices  which  they  enjoined.  It  belonged  to  them 
in  particular  to  celebrate  the  secular  games,  Ilarat.  de  carm* 
Sisc.  70.  Tacit.  Annal.  ii.  11.  vi.  12.  and  those  of  Apollo, 
Dio,  liv.  19.  They  are  said  to  have  been  instituted  on  the 
following  occasion. 

A  certain  woman  called  Amalthsea,  from  a  foreig^n  coun- 
try^,  is  said  to  have  come  to  Tarquinius  Superbus,  wishing 
to  sell  nine  books  of  Sibylline,  or  prophetic  oracles.  But 
upon  Tarqu in' s  refusal  to  give  her  the  price  which  she  asked, 
she  went  away  and  burnt  three  of  them.  Returning  soon 
after,  she  sought  the  same  price  for  the  remaining  six. 
Whereupon  being  ridiculed  by  the  king,  as  a  senseless  old 
woman,  she  went  and  burnt  other  three ;  and  coming 
back  still  demanded  the  same  price  for  the  three  wliich  re- 
mained. Gellius  says  that  the  books  were  burnt  in  the 
king's  presence,  i.  19.  Tarquin,  surprised  at  the  strange 
conduct  of  the  woman,  consulted  the  augurs  what  to  do. 
They  regretting  the  loss  of  the  books,  which  had  been  des- 
troyed, advised  the  king  to  give  the  price  required.  The 
woman  therefore  having  delivered  the  books,  and  having 
desired  tliem  to  be  carefully  kept,  disappeared ;  and  was 
never  afterwards  seen,  JOiQuys.  iv.  62,  Lactant,  i.  6.  Gell'i, 


528  ROMAN  ANtlQUITIES. 

19.  Pliny  says  she  burnt  two  books,  and  only  preserved 
one,  Plin-  xiii.  13.  s.  27.  Tarquin  committed  the  csrc  of 
these  books,  called  Libri  Sibyllini,  ibid,  or  versus, 
Horat.  carm.  s^c.  5.  Cic,  Verr.  iv.  49.  to  two  men  {Duum- 
viri of  illustrious  birth,  Dionys.  ibid,  one  of  whom,  called 
Atihus,  Dionys.  iv.  62.  or  Tullius,  Valer.  Maximus,  i.  1. 
13.  he  is  said  to  have  punished,  for  being  unfaithful  to  his 
trust,  by  ordering  him  to  be  sewed  up  alive  in  a  sack,  (zn 
culeum  insui)^  and  thrown  into  the  sea,  ibid,  the  punishment 
afterwards  inflicted  on  parricides,  Cic.  Rose.  Am.  25.  In 
the  year  387,  ten  men  {decemviri)  were  appointed  for  this 
purpose  ;  five  patricians,  and  five  plebeians,  Liv.  vi.  37. 
42.  afterwards  fifteen,  as  it  is  thought  by  Syila,  Serv.  in. 
Firg.  jEn.  vi.  73.  Julius  Cassar  made  them  sixteen,  Dio* 
xlii.  51.  xliii.  51.  They  were  created  in  the  same  manner 
as  the  Pontifices^  Dio,  liv.  19.  See  hex  Domitia.  Tlie 
chief  of  them  was  called  M agister  Collegii,  Plin, 
•xxviii.2. 

These  Sibylline  books  were  supposed  to  contain  the  fate 
of  the  Roman  empire,  Liv.  xxxviii.  45.  and  therefore,  in 
public  danger  or  calamity,  the  keepers  of  them  were  fre- 
quently ordered  by  the  senate  to  inspect  (adire^  inspicere  v. 
consulere)  them,  Liv.  iii.  10.  v.  13.  vii.  27.  xi.  12.  xxi.  62. 
xxii.  9.  xxix.  10.  xxxvi.  37.  xli.  21.     They  were  kept  in  a 
stone  chest  below  ground  in  the  temple  of  Jupiter  Capitolinus. 
But  the  Capitol  being  burnt  in  the  Marsic  war,  the  Sibylline 
books  were  destroyed  together  with  it,  A.  U.  670.    Where- 
upon   ambassadors    were    sent    every   where   to    collect 
the  oracles  of  the   Sibyls,   Tacit.    ArmaL   vi.    12.     For 
there  were  other  prophetic  women  besides  the  one  who  came 
to  Tarquin,  Pausan.  x.  12-  Lactantius  from  Varro  men- 
tions ten,  i-  6.  /Elian,  four,  xii.  2>5.     Pliny  says  there  were 
statues  of  three  Sibyls  near  the  Rostra  in  the  Forum,  xxxiv. 
5.  s.  10.     The  chief  was  the  Sibyl  of  Cumas,  (Sibylla. 
Cum.^a),  whom  iiineas  is  supposed  to  have  consulted  ; 
caiLd  by   Virgil  Deiphohe,  i\Ln.  vi.  2>Q.  98.  from  her  age, 
longceva^  321.  vivax,  Ovivl.  Met.  xiv.   104.  c^iul   the  Sibyl 
of  Eryihrae,  a  city  if  I;nia,  (ERYTHRi^A  Sibylla),  Cic. 
divin-  i.  18.  who  u>ed  to  utter  her  oraclts  uith  such  ambi- 
guity, that  whatever  happened,  she  might  seem  to  have  prco 


MiNtsTERS  of  Weligiou,  529 

dieted  it,  id.  ii-  54.  as  tlic  priestess  of  Apollo  at  Delphi^ 
Pausan,  iv.  12.  &Le,  tiie  verses,  however,  were  so  contrived, 
that  the  firrst  letters  of  them  joined  together  made  some  sense; 
hence  called  Acrostichis,  or  in  the  plural  aero  stir  hides, 
(in^onx^n)^  Diunys.  iv.  62.  Christian  writers  often  quote 
the  bibyiline  vtrses  in  support  of  Christianity  ;  as  Lactan- 
tius,  i.  6.  ii.  11,  12.  iv.  6.  but  these  appear  to  have  been  fa- 
bricated. 

From  the  various  Sibylline  verses  thus  collected,  the  Qiiin- 
decemviri  made  out  new  books;  which  Augustus,  (aftef 
having  burnt  all  other  prophetic  books,  Jatidici  lidri^  both 
Greek  and  Latin,  above  2000),  deposited  in  two  gilt  cases, 
ffnrulis  auratisj  under  the  base  of  the  statue  of  Apollo,  in 
the  temple  of  that  god  on  the  Palatine  hill.  Suet-  Aug.  31. 
to  which  Virgil  alludes,  M.n.  vi.  69,  &c.  having  first  caused 
the  priests  to  write  over  with  their  own  hands  a  new  copy 
of  them,  because  the  former  books  were  fading  with  age, 
/>w,  liv.  17- 

The  Quindecemviri  were  exempted  from  the  obligation  of 
serving  in  the  iirmy,  and  from  other  offices  in  the  city.  Their 
priesthood  was  for  life,  Dionys.  iv.  62.  They  were  properly 
the  priests  of  Ap.  )llo ;  and  hence  each  of  them  had  at  his 
house  a  brazen  tripod,  (cortina  vel  tripusJ^  Serv.  in  Virg. 
M.n.  iii.  332.  Val.  Flacc.  i*  5.  as  being  sacred  to  Apollo, 
Suet.  Aug.  52.  Similar  to  that  on  which  the  priestess  of 
Delphi  sar,  which  Servius  makes  a  three-footed  stool  or  ta- 
ble, {mensa),  ibid.  360.  but  others,  a  vase  with  three  feet  and 
a  covering,  properly  called  Cortina  (o^M-oi),  which  also  signi- 
fies a  large  round  cauldron,  Fiin.  xxxv.  11.  s-  41.  Farr.  L. 
L.  vi.  3.  often  put  for  the  whole  tripod,  or  for  the  oracle, 
Virg.  Mn.  vi.  347.  iii.  92.  Ovid.  Met.  xv.  635-  Plin.  xxxiv. 
3-  s.  3.  hence  tripodas  sentire^  to  understand  the  oracles  of 
Apollo,  Virg,  Mn.  iii.  360.  When  tripods  are  said  to  have 
been  given  as  a  present,  vases  or  cups  supported  on  three  feet 
are  understood,  Virg  Mn.  v.  110.  Horat-  Od-  iv.  8.  3.  Nep. 
Paus-  1.  Ovid,  Her.  iii.  32.  Suet.  Aug.  52.  such  as  are  to 
be  seen  on  ancient  coins. 

IV.  SEPTEM  VTRi  epulonum,  vA\o  prepared  the  sacred 
leasts  at  games,  processions,  and  other  solemn  occasions. 

it  was  cubtomary  among  the  Romaiw  t©  deprec  feuiits  t^ 


330  ROMAN  ANTIQUITIES. 

the  gods,  in  order  to  appease  their  wrath,  especially  to  Jupi- 
ter, CepulumJovis,  v.  -i),  during  the  pubjic  games,  (ludorttm 
causaJ^lAv.  xxv.  2.  xxvii.  38.  xxix.  38.j?«.  xxx.  39. 
xxxi.  4  xxxii.  7.  These  sacred  entertainments  became  so 
numerous,  that  the  PontificescoxxXd.  no  longer  attend  to  them ; 
on  which  account,  this  order  of  priests  was  instituted  to  act 
as  their  assistants.  They  were  first  created  A.  557,  three  in 
number,  (Triumviri  Epulones,)  Liv.  xxxiii- 44.  Cic. 
Orat.  iii- 19.  and  were  allowed  to  wear  the  toga  prt:etexta,  as 
the  Pontificesy  ibid.  In  the  sing*  Triumvir  Epulo,  Id» 
xl.  42.  Their  number  was  increased  to  seven,  it  is  thought 
by  Sylla,  Gell.  1.  12.  sing.  Septemvir(^ue  EpuLis/Jf^ifw, 
Lucan.  i.  602.  If  any  thing  had  been  neglected  or  wTongly 
performed  in  the  public  games,  the  Epulones  reported  it  {of- 
fer ebant)  to  the  Pontifices  ;  by  whose  decree  the  games  on 
that  account  were  sometimes  celebrated  anew,  Cic.  Harusp. 
10.  Liv-  ibid.  The  sacred  feasts  were  prepared  with  great 
magnificence ;  hence,  Ccena  pontificum^  v.  pontifcalesy  et 
augurales^  for  sumptuous  entertainments,  Herat.  Od.  ii.  14. 
28.  Macrob.  Sat.  ii.  9. 

Tht Ponti/ices,./lugures,  Septemviri Epulones,  and  Quin- 
decemvi?'iy  were  called  the  four  colleges  of  priests,  yje's-a-ti^t'i 
i(^a<rvv»i, DiOy liii.  1 .  Sacerdotes summorumcoll:^gioruMj 
Suet.  Aug.  101.)  When  divine  honours  were  decreed  to 
Augustus,  after  his  death,  a  fifth  college  was  added,  com™ 
posed  of  his  priests ;  hence  ci'lled  Collegium  So  dalium 
Augustalium,  Tacit.  Annal  iii.  64.  Dio,[\i.  46.1viii.  12. 
So  Fl  A VI alum  collegium,  the  priests  of  Titus  and  Vespa- 
&an,  Suet.  Dom.  4.  But  the  name  of  COLLEGIUM  was 
applied  not  only  to  some  other  fraternities  of  priests,  Liv. 
xxxvi.  3.  but  to  any  number  of  men  joined  in  the  same  of- 
fice ;  as  the  Consuls,  Liv.  x.  22.  24.  Praetors,  Cic.  Off.  iii. 
20.  Quaestors,  Suet.  Claud.  24.  Tribunes,  Cic-  Dom.  18. 
also  to  any  body  of  merchants,  Liv-  ii-  27-  or  mechanics, 
Plin-  xxxiv.  1-  Plin-  Ep-  x-  42-  to  those  who  lived  in  the  ca- 
pitol,  LiV'  V'  50-  52.  even  to  an  assemblage  of  the  meanest 
citizens,  Cic-  Dom-  28-  or  slaves,  Cic-  post  red-  in  Sen-  13. 
Sext-  25.  Pis-  4- 

To  each  of  the  colleges  oi  Pontifces,  Augures,  and  Quin- 
decc7nvirh  Julius  Caesar  added  one,  Dio,  xlji-  51-  and  to  the 


Ministers  o/'Relicion.  331 

iSeptejnviriy  three,  Id  xlii-7?w.-  After  the  battle  of  Actium 
a  power  was  granted  to  Augustus  of  adding  to  these  colle- 
ges as  many  extraordinary  members  as  he  thought  proper  ; 
which  power  was  exercised  by  the  succeeding  emperors,  so 
that  the  number  of  these  colleges  was  thenceforth  very  un- 
certain, DiOf  lb  20-  liii-  17-  They  seem,  howe^'er,  to  have 
retained  their  ancient  names  ;  thus,  Tacitus  calls  himself 
Quindecemvirali  sacerdotio  praditiis^  Ann-  xi-  11-  and  Pliny 
mentions  a  Septemvir  Epulonum,  Ep-  ii  li- 
lt was  anciently  ordained  by  law,  that  two  persons  of  the 
same  family  U^  -rwi  avr^??  (rvyyeniK<i)  should  not  enjoy  the  same 
priesthood,  Dio.  xxxix-  17-  But  under  the  emperors  this 
regulation  was  disregarded- 

The  other  fraternltiesof  priests  were  less  considerable,  aL 
though  composed  of  persons  of  distinguished  rank- 

I-FRATRGS  AMBARVALES,twelve  in  number, who 
offered  up  sacrifices,  for  the  fertility  of  the  ground,  (w^arva 
frugesferrent),  Varr-  iv.  15.  which  were  called  Sacra  Am- 
barvalia,  because  the  victim  was  carried  round  the  fields, 
{.arva ambiebat,  ter circumibat hostiafruges,  Virg- G-  i.  345) 
Hence  they  were  said,  agros  lustrare^  Id.  Eel.  v.  75-  et  pur- 
gare,  Tibull*  ii.  1.  1.  &  17.  and  the  victim  was  called  Hos- 
TiA  AMBARVALis,  Festus^  Mucrob-  Sat.  iii.  5.)  attended 
with  a  crowd  of  country  people,  having  their  temples  bound 
with  garlands  of  oak  leaves,  dancing  and  singing  the  praises 
of  Ceres  ;  to  whom  libations  were  made  of  honey  diluted 
with  milk  and  wine,  {cid  tu  lactefavos^  i.  e.  mel,  et  miti 
dilue  Baccho.,  Virg.  G.  i.  344.)  these  sacred  rites  were  per- 
formed before  they  began  to  reap,  privately  as  well  as  pub- 
licly, ibid.  347. 

This  order  of  priests  is  said  to  have  been  instituted  by 
Romulus  in  honour  of  his  nurse  Acca  Laurentia,  who  had 
12  sons  :  and  when  one  of  them  died,  Romulus,  to  console 
her,  offered  to  supply  his  place,  and  called  himself  and  the 
rest  of  her  sons,  FratresArvales.  Their  office  was  for 
life, and  continued  even  in  captivity  and  exile.  They  wore  a 
crown  made  of  the  ears  of  corn,  (corona  spicea)^  and  a  white 
woollen  wreath  around  their  temples,  (infula  alba),  Gell.  vi, 
17.  Plin.  xviii.  2. 
iNfULiE  enmt  filamenta  lanea,  quibussacerdotes  et  ho$ti<^., 


S32  ROMAN  ANTIQUITIEgo 

templaque  velabantiir^  Festus-  The  infula  were  broad  wool- 
leu  bandciges  tied  with  ribands,  (vittaej^  Virg.  G.  iii.  487. 
Aa\.  X.  538.  Ovid.  Pont"  iii.  2.  74.  used  not  only  by  priests 
to  cover  their  heads,  Cic.  V^rr.  iv.  50.  Lucan.  v  142.  but 
also  by  suppliants,  Cces-  B.  C.  ii.  12.  Ltv,  xxiv-  30-  xxv.  25' 
Tacit.  Hist.  i.  66. 

2.  CURiONES,  the  priests,  who  performed  the  public 
sacred  rites  in  each  curia^  30  in  number.  See  p.  1.  Heralds 
"ivho  notified  the  orders  of  the  prince  or  people  at  the  spec- 
tacles were  also  called  Curiones,  Plm  Ep.  iv.  7.  Martial' 
Prcef.  ii.  Piautus  calls  a  lean  lamb  curio^  i.  e.  qui  euro,  ma^ 
cet^  which  is  lean  with  care,  Aul.  iii.  6.  27. 

3.  FECIALES  vel  Fetiales^  sacred  persons  employed  in 
declaring  war  and  making  peace,  Liv.  ix.  5.  The  Fecialisy 
who  took  the  oath,  in  the  name  of  the  Roman  people,  in  con- 
cluding a  treaty  of  peace,  was  called  PATER  PATRA- 
T\J'6^{quod jusjurandum  pro  totopopulo  patrabat,  i.  e.  pra- 
stabat  vel  peragtbatJ^  Liv.  i-  24-  The  Fecmlfs  f  collegium 
Jecialiuniy  Liv.  xxxvi-  3.  were  instituted  by  Numa  Pompi- 
iius,  borrowed,  as  Dionysius  thinks,  i.  21.  ii.  72.  from  the 
Greek's:  they  are  supposed  to  have  been  20  in  number, 
Varr.  apudNon.  xii«43.  They  judged  concerning  every  thing 
■which  rel  ited  to  the  proclaiming  of  war  and  the  making  of 
treaties,  ibid.  Cic.  Itgg.  ii-  9-  the  forms  they  used  were  insti<= 
tuted  by  Ancus,  Liv-  i-  32'  They  were  sent  to  the  enemy 
to  demand  the  restitution  of  effects,  (clar  jGATUM,i-e«  res 
raptas-,  clare  repetitum-)  They  always  carried  in  their  hands, 
or  wreathed  round  their  temples,  vervain,,  (verbena^  Serv- 
in  Virg-  xii-  120-  vel  verbenaca,  a  kind  of  sacred  grass  or 
clean  herbs,  isagmina  v.  herba  pur^e^j  plucked  from  a  par- 
ticular place  in  the  capitol,  with  the  earth,  in  which  it  grew, 
(gramen  ex  arce  cum  sua  terra  evulsum  ;)  hence  the  chief 
of  them  was  called  Verbenarius,  P/m.  xxii  3«  xxx- 9. 
s-  69'  If  they  were  sent  to  make  a  treaty,  each  of  them  car- 
ried vervain  as  an  emblem  of  peace,  and  a  flint  stone  to  strike 
the  animal  which  was  sacrificed,  fprivos  lapides  silicesy  prim 
vasque  verbenas^)  Liv.  xxx-  43- 

4-  SODALES  Titii  vel  Titiensfs,  priests  appointed  by 
Titus  Tatius  to  preserve  the  sacred  rites  of  the  Sabines  ;  or 
by  Romulus  in  honour  of  Tatius  himself,  Tacit- Annal''h54i^ 


Ministers  o/'Reliciok^  533 

Hist  il  95'  in  imitation  of  whom  the  priests  instituted  to 
Ai.gustus  after  his  death  were  called  So  dales,  ibid.  Suet. 
Claud  6.  Galh-  8. 

5-  REX  Sucrormn,  vel  Rex  sacriji cuius,  a  priest  appoint- 
ed after  the  expulsion  of  Tarquin,  to  perform  the  sacred 
rites,  which  the  kings  themselves  used  formerly  to  perform  ; 
an  office  of  small  importance,  and  subject  to  the  Pontifex- 
Maximus,  as  all  the  other  priests  were,  Liv-  ii-  2-  Dionys- 
iv-  74-  V.  1-  Before  a  person  was  admitted  to  this  priest- 
hood, he  was  obliged  to  resign  any  other  office  he  b-^irc,  Liv' 
:^\-  52-  His  wife  was  called  Reg  in  a,  Macrob-  Sat-  i- 15. 
and  his  house  anciently  Regia,  Serv-  in  Virg'  M,n-  viii.  363. 

THE  PRIESTS  OF  PARTICULAR  GODS. 

^I^HE  priests  of  particular  gods  were  called  FLAMI- 
-*-  NES,  from  a  cap  or  fillet  Ca./?/o  vel  pileo)^  which  they 
wore  on  their  heads,  Varr'  L  L  iv- 15-    The  chief  of  these 
were, 

I.  7%!n?(fnDIALlS,  the  priest  of  Jupiter,  who  was  dis- 
tinffuished  by  a  lictor,  sella  curulis,  and  toga  pmtexta,  Liv* 
i.  20-  and  had  a  right,  from  his  office,  of  coming  into  the  se- 
nate, Liv'  xxvii-  8-  Flamen  MARTIALIS,  the  priest  of 
Mars;  QUIRINALIS,  of  Romulus,  &c.  These  three  were 
always  chosen  from  the  patricians,  Cic-  Dom-  14 — Thej'" 
were  first  instituted  by  Numa,  Liv-  i-  20-  Dionys-  ii*  64-  who 
had  himself  performed  the  sacred  rites,  which  afterwards  be- 
longed to  the  Flamen  Dialis,  I^iv-  i*  20-  They  were  after- 
wards created  by  the  people,  GelL  xv.  27-  when  they  were 
said  to  be  electi,  designatiy  creati,  Vel  df^stinatiy  Velh  ii-  43- 
Suet-  Jul- 1'  and  inaugurated  or  solemnly  admitted  to  their 
office  by  the  Pontifex  M  and  the  augurs,  Cic-  Phil-  ii-  43« 
Brut-  1-  Suet.  Cal.  12.  Liv-  xxx.  26.  Valer-  Max-  vi.  9. 
3.  when  they  were  said  inaugurari,  prodi.,  vel  capi^  ibid.  & 
Cic.  Mil- 10-  17.  The  Pontifex  M.  seems  to  have  nominat- 
ed three  persons  to  the  people,  of  whom  they  chose  one,  Ta- 
cit. Annal.  iv-  16. 

The  Flamines  wore  a  purple  robe  called  L^n  a,  Cic-  Brut' 
14.  whicli  seems  to  have  been  thrown  over  their  toga;  hence 
called  by  Festus  duplex  amicrus^  aad  a  onical  cap,  called 
APEX,  Lucan,  i.  604.  Lanigerosque  apices,  Firg,  jEn  viii. 


3S4>  ROMAN  ANTIQUITIES 

664.  Although  not  Ponti^ces,  they  seem  to  have  had  a  seat 
in  that  college,  Cic.  Harusp'  6.  Dom.  9.  Other  Flamines 
were  afterwards  created,  called  Minor es,  who  might  be 
plebeians,  Festus^  as  the  Flamen  of  Carmenta,  the  mother 
ofEvander,  Cic.  Brut' 14,-  The' emperors  also,  after  their 
consecration,  had  each  of  them  their  Flamines,  and  likewise 
colleges  of  priests  who  wer."  called  sodales.  Suet-  CI.  6. 
Thus,  Flamen  C^sariSj  Suet,  Jul-  74.  so.  Antonius,  Cic. 
Phil.  ii.  43.  Dio.  xl  iv.  6. 

The  Fiamen  of  Jupiter  was  an  officer  of  great  dignity, 
(MAxiMiE  dignatioms  inter  xv.  flananes^  Festus,)  but  siib- 
jected  to  many  restrictions  ;  as,  that  he  should  not  ride  on 
horseback,  Fest.  &  Plin.  xxviii.  9.  nor  stay  one  night  with- 
out the  city,  Uv.  v.  52.  Tacit.  Annal.  iii-  58.  nor  take  ah 
oath,  Liv-  xxxi-  50.  and  several  others  enumerated,  Gtll.  x. 
15.  Plutarch,  q.  Rom.  39-  43.  107.  108,  &c.  His  wife  {Fla- 
■yninica,)  was  likewise  under  particular  restrictions,  ibid.h. 
Tacit.  Annul,  iv-  16.  Ovid.  Fast,  vi-  226.  but  she  could  not 
be  divorced :  and,  if  she  died,  the  Flamen  resigned  his  office, 
Plutarch,  q.  Rom-  49.  because  he  could  not  perform  certain 
sacred  rites  without  her  assistance,  ibid. 

From  the  death  of  Merula,  who  killed  himself  in  the  tern, 
pie  of  Jupiter,  (insicis  venis^  superfusoque  altaribus  sengui' 
ncy)  Cicero  says  in  ihe  temple  of  Vesta,  Orai.  iii.  3.  to  a- 
void  the  cruelty  of  Cinna,  A.  666.  Flor.  iii.  21.  Fell.  ii.  12. 
there  \vas  no  Flamen  Dialis  for  72  years,  Tacit.  Annal. 
iii.  58.  (Dio  makes  it  77  years,  liv.  o&.  but  seems  not  con- 
sistent, ibid-  24j  and  the  duties  of  his  function  were  per- 
formed by  the  PontiJice:i  ;  till  Augustus  made  Servius  Ma- 
luginensis,  Priest  of  Jupiter,  Tacit,  ibid.  Suet.  Aug.  31.  Ju- 
lius Caesar  had  indeed  been  elected  (destinatus^  Suet.  \ 
creatus,  Veil.  ii.  43.)  to  that  office  at  17  {pene  puer^  ibid.) 
but  not  having  been  inaugurated,  was  soon  after  deprived 
of  it  by  Sylla,  ibid. 

II.  SALII,  the  priests  of  Mars,  twelve  in  number,  in- 
stituted by  Numa ;  so  called,  because  on  solemn  occasions 
they  used  to  go  through  the  city  dancing,  (a  saltu  nomina 
ducunt,  Ovid.  Fast.  iii.  387.  exsultantes  Salii,  Firg.  j^n. 
viii.  663.  a  saltando,  quodfacere  in  comitio  in  sacris  quotan- 
nis  sotent  et  debifnt,  Varr.  iv.  15. J  drest  in  an  embroidered 


Ministers  o/'Rehgion.  j33 

tunic,  (tunica  picfa),  hr  und  with  a  brazen  belt,  and  a  to^^a 
prretexta  )r  trahea  ;  ha\'ini^  on  their  head  a  cap  rising  to  a 
considcrabie  height  in  the  form  of  a  cone,  iapeXy  Kv^jictTix^'y 
witli  a  sword  by  their  side  ;  in  their  right  hand,  a  spear,  a 
rod,  or  the  like  ;  and  in  their  left,  one  of  the  Ancilia,  or 
shields  of  Murs,  Dionr/s.u.  70-  Lncnn  says  it  hung  from 
their  neck,  Et  Saiins  Iccto  portat  AncHia  collo.  i.  603.  Sene- 
ca resembles  the  leaping  of  the  Salii,  fsaltus  saliaris),  to 
that  of  fullers  of  cloth,  {saltu^  fullonius),  jE/;.  15-  They 
used  to  go  to  the  capitol,  through  the  Forum  and  other  pub- 
lic par^s  of  the  city,  singing  as  they  went,  sacred  songs,  (per 
nrhem  ibant  canentes  carmijia  cum  tripudiis  soltnnique  salta- 
tu,  Liv.  i.  20  Horat.  Qd.  i.  36.  12.  iv.  1.  28  )  said  to  have 
been  composed  by  Numa,  {Saliare  Nuuks  carmen)y  Horat. 
Ep.  ii.  1.  86.  Tacit.  Annal.  ii.  83.  which,  in  the  time  of  Ho- 
race, could  hardly  be  understood  by  any  one,  ibid,  scarcely 
by  the  priests  themselves,  Quinctilian,  i.  6.  40.  Festus  calls 
these  verses  Ax  AMENTA  vel  Assanienfa- 

The  most  solemn  procession  of  the  Salii  was  on  the  first 
of  March,  in  commemoration  of  the  time  when  the  sacred 
shield  was  believed  to  have  fallen  from  heaven,  in  the  reign 
of  Numa.  They  resembled  the  army  dancers  of  the  Greeks, 
called  Curetes,  from  Crete,  where  that  manner  of  dancing, 
called  Pyrriche,  had  its  origin  ;  whether  invented  by 
Minerva,  or,  according  to  the  fables  of  the  poets,  by  the  C«- 
retesy  who,  being  entrusted  with  the  care  of  Jupiter  in  his 
infancy,  Serv.  in  Ftrg.  iv.  151.  to  prevent  his  being  discov- 
ered by  Saturn  his  father,  drowned  his  cries  by  the  sound 
of  their  arms  and  cymbals,  Dionys.  ii.  70.  vii.  72.  Hygin, 
139.  It  was  certainly  common  among  the  Greeks  in  the  time 
of  Homer,  //.  vi.  v,  494.  Strab.  x.  467,  &  468,/;/. 

No  one  could  be  admitted  into  the  order  of  the  Salii^  un- 
less a  native  of  the  place,  and  freeborn,  whose  father  and  mo- 
ther were  alive,  Lucan  calls  them  lecta  juventus  patricia, 
because  chosen  from  that  order,  ix.  478.  The  Saliij  after 
finishing  their  procession,  had  a  splendid  entertainment  pre- 
pared for  them,  Suet.  Claud.  33  ;  hence  Saliares  dapes, 
costly  dishes,  Horat  Od-  i-  37,  2-  Etmlari  Saliarem  in  mo- 
dum,  to  feast  luxuriously,  Cic-  Aft-  v-  9  Their  chief  was 
called  PRiEsuj.,  (i-e.  qui  (inte  alio§  salit)  ;   v'ho  seems  to 


336  ROMAN  ANTIQUITIES, 

have  gone  foremost  in  the  procession,  Cic.  divin-  i-  26-  ii-  6%> 
their  principal  musician,  Vates,  and  he  who  admitted  new 
•members,  Magister,  Capitoiin.  in  Antonin.  philos-  4. 
According  to  Dionysius,  iii-  32-  Tullus  Hostilius  added 
twelve  other  SaliU  who  were  called  Ac  on  ales,  enses^  or 
Collini^  from  having  their  chapel  on  the  Colline  hill-  Those 
instituted  by  Numa  had  their  chapel  on  the  Palatine  hill ; 
hence,  for  the  sake  of  distinction,  they  were  called  Palati- 
ni.Id'  ii.  70. 

Ill-  LUPERCI,  tlie  priests  of  Pan  ;  so  called  fa  lupoj 
from  a  wolf,  because  that  god  was  sui^posed  to  keep  the 
wolves  from  the  sheep,  Serv.  in  Firg-  jEn.  viii-  343«  Hence: 
the  place  where  he  was  worshipped  was  called  Lupercaly 
and  his  festival  Lupercaliay  which  was  celebrated  in  Febru- 
ary ;  at  which  time  the  Luperci  ran  up  and  down  the  city 
naked,  having  only  a  girdle  of  goat's  skin  round  their  waist, 
and  thongs  of  the  same  in  their  hands,  with  which  they 
struck  those  they  met ;  particularly  married  women,  who 
were  thence  supposed  to  be  rendered  prolific,  Ovid-  Fast- 
ii.  427,  &  445. 

There  were  three  companies  (sodalitates)  of  Luperci ;  two 
ancient,  called  FabiaiVi  and  Quintiliani,  {a  Fabio  et 
Quintilio  prapositis  suis,  Festus),  and  a  third  called  Julii, 
instituted  in  honour  of  Julius  Caesar,  v/hose  first  chief  was 
Antony  :  and  therefore,  in  that  capacity,  at  the  festival  of 
the  Lupercaiia,  although  consul,  he  went  almost  naked  into 
the  forum  Juliiim,  attended  by  his  lictors,  and  having  made 
a  harangue  to  the  people,  {nudus  concionatus  e^O,  Cic.  PhiL 
ii.  34,  &  43.  from  the  Rostra,  he,  accordirigto  concert,  as  it 
is  believed,  presented  a  crown  to  Caesar,  who  was  sitting 
there  in  a  golden  chair,  drest  in  a  purple  robe,  with  a  golden 
diadem,  which  had  been  decreed  him,  surrounded  by  the 
whole  senate  and  people,  ibid.  Antony  attempted  repeatedly 
to  put  the  crown  on  his  head,  addressing  him  by  the  title  of 
King,  and  declaring  that  what  he  said  and  did  was  at  the 
desire  of  his  fellow  citizens,  Dio,  xlv.  31,  &.  41  xlvi-  5.  But 
Caesar  perceiving  the  strongest  marks  of  aver-.ion  in  the  peo- 
ple, rejected  it,  saying,  that  Jupiter  alone  was  king  of  Home, 
and  therefore  sent  the  crown  to  tl^e  Capitol,  as  .»  present  to 
that  god,  Suet,  Cas^  79-  Cw,  PhiL  ui.  5.  v.  14-  xiii  8,  15, 


Ministers  c/'^ELiGioN'.  337 

19.  Dio,  xlvi.  19.  Fell,  ii  56-  Plutarch.  C(Cs.  p.  736.  Anton, 
p.  921- A bpiari'  B-  C.  ii.  p.  496.  It  is  remarkable  that  none 
of  the  succeeding  emperors,  in  the  plenitude  of  their  power, 
ever  ventured  to  assume  the  name  of  King. 

As  the  Luperci  were  the  most  ancient  order  of  priests, 
said  to  Iiave  been  first  instituted  by  Evander,  Ovid-  Fast-  iv 
279-  Liv  i-  5-  so  they  continued  the  longest,  not  being  abo- 
lished till  the  time  of  Anastasius,  who  died,  A-  D-  518* 

IV.  POTITII  and  PINARII,  the  priests  of  Hercules,  in- 
stituted by  Evander,  Livl  7-  Firg-j^n-  viii-  270-  when  he 
built  an  altar  to  Hercules,  called  Maxima,  afttr  th;  t  hero 
had  slain  Cacus,  Liv-  i  7-  said  to  have  been  instructed   in 
the  sacred  rites  by  Hercules  himself,  Cic-  Dom-  52.  Strv.  in 
Firg-  J^n-  viii-  269-  being  then  two  of  the  most  illustrious 
families  in  that  place-    The  Pinani  happening  to  come  too 
late  to  the  sacrifice,  after  the  entrails  were  eaten  up,  fextis 
adesisj  were  by  the  appointment  of  Hercules  never  after 
permitted  to  taste  the  entrails,  ibid-  &  Dionys.  i-  40-  So  that 
they  acted  only  as  assistants  in  performing  the  sacred  rites  ; 
CEt  domus  Herculei  custos  Pinaria  sacri^  Virg  ibid-).  The 
Potitii,  being  taught  by  Evander,  continued  to  preside  at  the 
sacrifices  of  Hercules,  for  many  ages  ;  (Antistites  sacra 
ejus  fiterunty  Liv.  ibid-   Primusque  Potitius  auctor^  Virg. 
ibid-)  till  the  Pinarii  by  the  authority  or  advice  of  Appius 
Claudius,  the  censor,  havmg  delegated  their  ministry  to 
public  slaves,  their  whole  race,  C genus  07nne,  v-  Gens,  Po- 
titiorum),  consisting  of  12  famili(e^  became  extinct,  within 
a  year  ;  and  some  time  after  Appius  lost  his  sight ;  a  warn- 
ing, says  Livy,  against  making  innovations  in  religion,  {quod 
dimovendis  statu  siio  sacris  religioncmfacereposset^J  ix.  29. 
V-  GALLI,  the  priests  of  Cybele,  the  mother  of  the  gods, 
so  called  from  Gallus,  a  river  in  Phrygia,  which  was  sup- 
posed to  make  those  who  drank  of  it  mad,  so  that  they  cas- 
trated themselves,  Festus  ;  as  the  priests  of  Cybele  did,  He- 
rodian- 1-  11-  Ovid-  Fast-  iv.  361'  (genitalia  sibi  abscindebant 
cultris  lapideis  vel  Samnia  testa,  with  knives  of  stone  or  Sa- 
mian  brick),  .Juvenal-  ii.  116-  vi.   513.  Martial,  iii.  81,  3. 
Plin.  xi.  49-  s-  109-  xxxv-  12.  s-  46.  in  imitation  oiAtys, 
-yxs.  Attis,  -idis,  v.  Attin,  inis,  Ovid.  Fast-  iv-  223,  &C'  Met- 
^-;.  104-  Arnoh.  railed  al«?o  Curetes,  Ltwret.  ii-  629.  Co- 

Yv 


33a  ROMAN  ANTIQUITIES. 

RYBANTES,  Uorat-  Od.  \.  16,  8.  their  chief,  Archigal<^ 
Lus.  S^:rv.  in  Virg-  ix.  116.  Plin,  xxxv.  10.  s.  36.  all  oi' 
Phiygian  extracti(-n,  Dionys-  ii.  19.  who  used  to  carry 
rounr]  the  iinsgt  of  Cybele,  with  the  gestures  of  mad  people, 
roll iag  their  heads,  beating  their  breasts  to  the  sound  of  the 
flute,  ftihice  Berecijnthia  v-  bux'i)^  making  a  great  noise 
with  dj"ums  and  cyaibais,  Horat.  Od.  i.  16,  7.  Ftrg.  jEh.  ix. 
619.  Sometimes  also  cutting  their  arms,  and  utteriiig  dread- 
ful predictions,  Lucan.  i.  565.  Se?iec.  Mtd.  804-  During 
the  festival  called  Hilar i a,  at  the  vernal  equinox,  (viii, 
Kal.  April.)  Macrob-  Sat.  i.  21-  they  washed  with  certain 
solemnities  the  image  of  Cybele,  her  chariot,  her  lions,  and 
all  her  sacred  things,  in  the  Tiber,  at  the  conflux  of  the  Al- 
mo,  Ovid-  Fast-  iv.  337.  They  annually  went  round  the 
villages,  asking  an  alms,  Cstipem  emendicantes)^  ibid.  350. 
Pont.  i.  1,  40.  Dionys.  ii.  19-  which  all  other  priests  were 
prohibited  to  do,  Cic.  legg.  ii,  9,  16.  All  the  circumstances 
relating  to  Cybele  and  her  sacred  rites  are  poetically  detailed 
by  Ovid,  Fast,  iv-  181,-373. 

The  rights  of  Cybele  were  disgraced  by  great  indecency 
of  expression,  Juvenal,  ii-  110-  Augustin-  de  Civ-  Dei.  ii-  14- 

VIRGINES  VESTALES  {nu^hm  'Eu^ic^t^,)  Virgins 
eonsecrated  to  the  worship  of  Vesta,  a  priesthood  derived 
from  Alba,  Liv.  i-  20-  for  Rhea  Sylvia,  the  mother  of  Romu- 
lus, was  a  Vestal,  ibid.  3-  originally  from  Troy,  Virg.  j^n-  ii. 
296-  first  instituted  at  Rome  by  Numa,  Liv.  ibid,  four  in 
number,  Dionys.  ii-  64,  ^65.  two  were  added  by  Tarquini- 
us  Priscus,  Id.  iii.  67-  or  by  Servius  Tulhus,  Plutarch-  in 
Numa.,  which  continued  to  be  the  number  ever  after,  Dio- 
nys ibid.  Festus  in  SEX. 

The  Vestal  Virgins  were  chosen  first  by  the  kings,  Dionys. 
ibid-  and  after  their  expulsion,  by  the  Pontifex  Maximus  i 
who,  according  to  the  P apian  law,  when  a  vacancy  was  to 
be  supplied,  selected  from  among  the  people,  twenty  girls 
above  six,  and  below  sixteen  years  of  age,  free  from  any  bo- 
dily defect,  (which  was  a  requisite  in  all  priests.  Sac er Dos 
INTEGER  SIT,  Sencc.  controv-  iv.  2-  Plutarch-  q-  Rom.  72.) 
whose  father  and  mother  were  both  alive,  and  freeborn  citi- 
zens- It  was  determined  by  lot  in  an  assembly  of  the  peo- 
ple, wlyoh  of  tl\e6e  twenty  should  be  appointed.    Then  the 


Ministers  q/* Religion-.'  339 

Ponfifex  M  went  and  took  her  on  vhm  the  lot  fell,  from 
her  parents,  as  ;i  caf)tive  in  *v;ir  {manu  ')r"/iensa:n  a  parente 
veluti  hello  captam  abduceOutJ,  addreiisiiig  her  thiis/FE,  A- 
MATA,  CAPio;  th.it  iDeing,  according  to  A.  Gtllius,  the 
na.ne  of  the  lirst  who  was  chosen  a  Vestal  :  Hence  Capere- 
Firginem  Fcstalt'm,  to  choose  ;  which  word  was  also  anoli- 
ed  to  the  Flamen  Dinlis,  to  the  Puntijices  and  augurs,  GtlU 
i.  12.  But  afterwards  this  mode  of  casting  lots  was,  not  ne- 
cessary. The  Pontifex  M-  might  choose  any  one  he  thought 
proper,  with  the  consent  of  her  parents,  and  the  requisite 
qualifications,  (cujus  ratio  habtri  posset ) ^  ibid.  Tacit.  Ann. 
ii-  86.  Ifnonenffered  voluntarily,  the  method  of  casting 
lots  was  used.  Suet.  Aug-  31- 

The  Vestal  Virgins  were  bound  to  their  ministry  f  ^r  thir- 
ty years.  For  the  first  ten  years  they  learned  the  socred  vi'es ; 
for  ihe  next  ten,  they  performed  them  ;  and  for  the  last  ten, 
taught  the  younger  virgins,  Senec.  de  vit.  heat-  29-  Dio^r-^s. 
ii.  67.  They  were  all  said,  pr^esidere  sarns,  Tacit.  xVnn.  ii, 
86.  uf  assidua-  templi  Antistites,  v.  -t£d\  Liv.  i.  20.  The 
oldest  {Festalium  i^etustissima^'Vixc'w..  Ann-  xi.  32.  was  call- 
ed Maxima,  «S'//'"f////.  83.  sj  zir^tc-Q itjovroi,,  /);'(>,  liv,  24.)  iVftCF 

thirty  years  service  they  might  leav.  the  temple  anJ  marry; 
which,  however,  was  seldom  done,  and  always  reckoned  o- 
minous,  Dionys.  ii.  67. 

The  office  of  the  Vestal  Virgins  was. — 1.  to  keep  the  sa- 
cred fire  alwiys  burniv.g,  Flor.  i  2.  Custodiunto  ign  em 
roci  PUBLici  SEMPiTERNUM,  C'lc  Itgg.  ii- 8-  uhcncc  J^- 
ternceque  Festts  ohhtiis,  Borat.  Od.  iii-  5  11.  watching  it  in 
the  night  time  alternately,  Liv.  xxviii.  31.  and  whoever  al- 
lowed it  to  go  out  was  scourged,  (fagris  ccedehatur)  by  the 
Pontifex  M  Valer.  Max-  i.  1.6-  Dionys-  ii.  67.  vuda  quu 
dem^  sed  obscuro  loco  et  veto  medio  interposito) ,  Plutarch. 
Num.  p.  67.  or  by  his  order,  Liv.  xxviii.  11..  This  acci- 
dent was  always  esteemed  unlucky,  and  expi  tted  by  ofi^  ring 
extraordinary  sacrifices,  {hosttis  majorihus  prociirar'r) ^  ibid. 
The  fire  was  lighted  up  ac:ain,  not  from  another  fire,  but 
from  the  rays  of  the  sun,  Plutarch,  ibid,  in  which  manner  it 
was  renewed  every  year  on  the  1st  of  March  ;  th?.t  d.  y  be- 
ing anciently  the  beginning  of  the  year,  Macroh.  Sat.  i.  12, 

Ovid.  Fast-  iii  143 2-  to  keep  the  secret  pledge  of  the 

empire,  Liv-  xxvi-  27-  v-  52-  supposed  to  have  been  the  Pa! 


S40  ROMAN  ANTIQUITIES. 

ladium,  Lucan  ix,  994-  or  the  Penates  of  the  Roman  peo^ 
pie,  Tacit-  AnU'  xv.  41.  Dionys^  ii-  66.  called  by  Die  rx  Ic^et ; 
kept  in  the  innermost  recess  of  the  temple,  visible  only  to 
the  virgins,  or  rather  to  the  Festalis  Mixima  alone  ;  Lucan, 
ibid.  &  i.  598.  Herodian.  i.  14.  sometimes  removed  from 
the  temple  of  Vesta  by  the  vire-ins,  when  tumult  and  slaugh- 
ter prevailed  in  the  city,  Dio,  xhi.  31.  or  in  case  of  a  fire,  liv. 
24.  rescued  by  Metellus,  the  Pontifex  M.  when  the  temple 
was  in  flames,  A.  512,  Liv.  Ep.  xix.  Dionr/s.  ii.  66.  Ovid. 
Fast,  vi-  437.  at  the  hazard  of  his  life,  and  with  the  loss  of 
his  sight,  Plin-  vii-  43.  and  consequently  of  his  priesthood, 
Senec.  contr-  iv.  2.  for  which  a  statue  was  erected  to  him 
in  the  Capitol,  Dionys.  ii.  66.  and  other  honours  conferred 
on  him,  see  p.  17. — -And  3.  to  perform  constantly  the  sa- 
cred rites  of  the  goddess,  Senec.  de  prov.  5.  Their  prayers 
and  vows  were  always  thought  to  have  great  influence  with 
the  gods,  Cic,  Font.  17-  Dto,  xlviii- 19-  Horat.  Od.  i-  2,  28. 
In  their  devotions  they  worshipped  the  god  FascmusXoz^vdxd, 
them  from  envy,  Plin.  xxviii.  4.  s.  7. 

The  Vestal  Virgins  wore  a  long  white  robe,  bordered 
with  purple,  their  heads  were  decorated  with  fillets,  {inful/e 
<i£f^iiiocTa ,  Dionys.  ii.  67.  viii.  89. J  and  ribands,  (vitta:)^  Ovid. 
Fast.  iii.  30.  hence  the  Festalis  Maxima  is  called,  Vitta- 
TA  sACERDos,  LuccTi.  I.  597.  and  simply  Vittata,  Ju- 
venal, iv-  10.  the  head  dress,  suffibulum,  Fesfus,  describ- 
ed by  Prudentius,  contra  Sy?nmach.  ii.  1093.  When  first 
chosen,  their  hair  was  cut  off",  and  buried  under  an  old  lotos 
or  lote-tree  in  the  city,  Plin.  xvi.  44.  s.  85.  but  it  was  af- 
terwards allowed  to  grow. 

The  Vestal  Virgins  enjoyed  singular  honours  and  privi- 
leges.  The  praetors  and  consuls,  when  they  met  them  in 
the  street,  lowered  \\\^\r  fasces^  and  went  out  of  the  way  to 
shew  them  respect.  Sen-  contr.  vi.  8.  They  had  a  lictor  to 
attend  them  in  public,  at  least  after  the  time  of  the  triumvi- 
rate, Dio.  xlvii.  19.  Senec-  contr.  i.  2.  Plutarch  says  always, 
m  Numa.  They  rode  in  a  chariot,  (carpetito^  v.  pilento). 
Tacit.  Annal.  xii.  42.  sat  in  a  distinguished  place  at  the 
spectacles.  Id.  iv.  16.  Suet.  Aug.  44.  were  not  forced  to 
swear,  Gdl.  x.  15.  unless  they  inclined,  Tacit-  Annal.  ii.  34. 
and  by  none  other  but  Vesta,  Senec>  ibid.    They  might 


Ministers  ^Religion.  34i 

make  their  testament,  although  under  age  ;  for  they  were, 
not  subject  to  the  power  of  a  parent  or  guardian,  as  other 
women,  Gell.  ibid.  They  could  free  a  criminal  from  pun- 
ishment, if  they  met  him  accidentally,  Plutarch,  in  Numa  ; 
and  their  interposition  was  always  greatly  respected,  Cic. 
Font.  17.  jigr.  ii.  36.  Tacit-  Annal.  xi.  32.  Suet.  Jul.  1. 
Tib.  2.  Fit.ie.  Tacit.  Hist.  iii.  81.  They  had  a  salary 
from  thepul)lic,  Liv.  i.  20-  Suet-  Aug  31.  They  were  held 
i;i  such  veneration,  that  testaments  and  the  most  important 
deeds  were  committed  to  their  care,  Suet.  Jul  83.  Atig- 
102-  Tacit- Annal-  i.  8.  Z)?o.  xlviii.  12,  37,  46.  Tacit.  Annal. 
i\-  16.  and  they  enjoyed  all  the  privileges  of  matrons,  who 
had  three  children,  Dio.  Ivi.  10. 

When  the  Vestal  Virgins  were  forced  through  indisposi- 
tion to  leave  the  Atrium  Vest/E,  probably  a  house  ad- 
joining to  the  temple,  and  to  the  palace  of  Numa,  Regia 
pnrva^vut£.\  if  not  i  part  o{'\X,Ovid.  Trist.iii.  1,30. 
Fast,  vi-  263.  where  the  virgins  lived,  they  were  entrusted 
to  the  care  of  some  venerable  matron,  Plin.  Ep.  vii.  19. 

If  any  Vestal  violated  her  vow  of  cnastity,  she  was,  after 
being  tried  and  sentenced  by  the  Fontifices,  buried  islive 
with  funeral  solemnities  in  a  place  called  the  campus  sce- 
LER  ATUs,  near  the  Porta  Collina^  and  her  paramour  scourg- 
ed to  death  in  the  Forum  ;  which  method  of  punishment  is 
said  to  have  been  first  contrived  by  Tarquinius  Priscus, 
Dionys.  iii  67.  The  commission  of  this  crune  was  thought 
to  forebode  some  dreadful  calamity  of  the  state,  and  there- 
fore was  alxvays  expiated  with  extraordinary  sacrifices,  Liv. 
viii.  15.  xiv*  xxii.  57.  Ixiii.  Dionys.  i.  78.  ii.  67.  viii-  89.  ix, 
40-  Dig  frag m.  91,  92.  Plutarch,  q.  Rom.  83.  Ascon.  in 
Mil.  12.  Suet.  Dam.  8.  Plm.  Ep.  iv.  11.  Juvenal,  iv.  10, 
The  suspected  virtue  of  some  virgins  is  said  to  have  been 
miraculously  cleared,  Faler-  Max.  viii.  1,  5.  Lw.  xxix.  14. 
Plin.  vii.  "iS. 

These  were  the  principal  divisions  of  the  Roman  priests- 
Concerning  their  emoluments,  the  classics  leave  us  very 
much  in  the  dark  ;  as  they  also  do  with  respect  to  those  of 
the  magistrates.  When  Romulus  first  divided  the  Roman 
territory,  he  set  apart  what  was  sufficient  for  the  performance 
©f  sacred  rites,  and  for  the  support  of  temples,  Dionys,  ii.  7, 


342  ROMAN  ANTIQUITIES. 

So  Livy  informs  us,  that  N'lna,  who  instituted  theg:reatest 
number  of  priests  and  siicrifices,  provided  a  fund  f-^-r  -''^fray- 
ing these  expenses,  {unde  in  eos  sumptus  erogaret.ur,)  '  ^0. 
but  appointed  a  public  stipend  G^^'pcwr/mw  depnbiicostatwt), 
to  none  but  the  Vestal  Virgins,  ihid.  Dionysius,  sptaki  .>sof 
Romulus,  says,  that  while  other  nations  'vere  negligent  about 
the  choice  of  their  priests,  some  exposing  that  office  to  si-le, 
and  others  determining  it  by  lot ;  Romulus  made  a  law,  that 
two  men,  above  fifty,  of  distiiiguished  rank  and  virtue,  with- 
out bodily  defect,  and  possessed  of  a  competent  fortune, 
should  be  chosen  from  each  curia,  to  officiate  as  priests  in 
that  cm'ia  or  parish  for  life  ;  being  exempted  by  age  from 
military  service,  and  by  law  from  the  troublesome  business  of 
thecity,ii.  21.  There  is  no  mention  of  any  annual  salary.  In 
after  ages  thtt  priests clai^ned  an  immunity  from  taxes,  which 
the  Pontijices  and  augurs  for  several  years  did  not  pay.  At 
last  however  the  quaestors  wanting  money  for  public  exigen- 
ces, forced  them,  after  appealing  in  vain  to  the  tribunes,  to 
pay  up  their  arrears,  famiorum^  per  quos  non  dederant,  sti- 
pefidium  exactum  est  J  Liv.  xxxiii.  42.  s.  44.  Augustus 
increased  both  the  dignity  and  emoluments  (commoda)  of 
the  priests;  particularly  of  the  Vestal  Virgins,  Suet.  Aug- 
31-  as  he  likewise  first  fixed  the  salaries  of  the  provincial 
magistrates,  Dio,  lii-  23,  25.  liii-  15.  whence  we  read  of  a 
sum  of  money  ( s  a  l  a  r  i  u  m  ;)  being  given  to  jhose  who  were 
disappointed  of  a  province,  Id.  78,  22'  xhii-  4-  Ixxviii.  22. 
Tacit-  Agric.  42.  But  we  read  of  no  fixed  salary  for  the 
priests  ;  as  for  the  teachers  of  the  liberal  arts,  Suet.  Vest-  18. 
Digest,  and  for  others.  Suet  Tib.  46-  Ner-  10.  When 
Theodosius  the  Great  abolished  the  heathen  worship  at 
Rome,  Zosimus  mentions  only  his  refusing  to  grant  the 
public  money  for  sacrifices,  and  expelling  the  priests  of  bodi 
sexes  from  the  temples,  v-  38.  It  is  certain,  however,  that 
sufficient  provision  was  made,  in  whatever  maimer,  for  the 
maintenance  of  those,  who  devoted  themselves  wholly  to  sa- 
ered  functions.  Honour,  perhaps,  was  the  chief  reward  of 
the  dignified  priests,  who  attended  only  occasionally,  and 
whose  rank  and  fortune  raised  them  above  desiring  any  pe- 
cuniary gratification.  There  is  a  passage  in  the  life  of  Aure- 
lian  by  Vopiscus,  c.  15.  which  some  apply  to  this  subject  j 


Sacred  Rites.  343 

although  it  seems  to  he  rt-stricted  to  the  priests  of  a  partiruhr 
temple  ;  Pontijicts  roboravxt^  sc.  Aurelianus^  i.  e-  he  endow- 
ed tlie  chief  pric>.ts  'vitli  saL^ries  ;  dtcrevit  ntrnm  emolumtn- 
ta  ministris^  and  granted  certain  enujluments  to  tlieir  ser- 
vants, the  i  .ferior  priests  who  took  care  of  the  temples.  The 
priests  arc  by  later  writers  sometimes  divided  into  three 
classes,  the  aritutites  or  chief  priests  ;  the  saccrdotes  or  or- 
di'.;iry  pnrsts  ;  and  tiie  nnrnsfri,  or  meanest  priests,  whom 
M.iiiilius  calls  auctoratos  in  tertia  jura  mimstros,  v.  350. 
but  for  the  mosi  part  only  into  two  classes,  the  Pontifices  or 
Sacerd'tesy  and  the  nmustn  ;  as  in  Vopiscus  ;  so  in  leg,  14. 
Cod,  Theodc^.  de  pagan,  sacrif.  et  templis. 

SERVANTS  OF  the  PRIESTS. 

nnHE  pnests  who  had  children,  employed  them  to  assist 
-■-  i.i  performing  sacred  rites  :  but  those  who  had  no  chil- 
dren procured  free-born  I)oys  and  girls  to  serve  them,  the 
boys  to  tiie  age  of  puberty,  and  the  girls  till  they  were  mar- 
ried. These  were  called  Camilli  and  Camillce^  Dionys-  ii. 
24- 

Those  who  took  care  of  the  temples  were  c?lled  ^Editui 
or  j^ditumni,  Gell-  xil.  6.  those  who  brought  the  victims  to 
the  altar  and  slew  them,  PoP/E,  Fictifnarn  and  Cultrarii  ; 
to  whom  in  prirticular  the  name  of  MINISTRI  was  proper- 
ly applied,  Ovid.  Fast.  i.  319.  iv.  637-  Mtt.  ii-  717.  Virg-  G. 
iii  438-  Juvenal-  xii-  14-  The  boy^s  who  assisted  the  Fla- 
mines  m  s.icr^-d  rites  were  called  Fl  aminii  ;  and  the  girls, 
Ylami'SI^'E^  Festus  There  were  various  kinds  of  musi- 
cians, Tihicines^  Tubicines^  Fidicines,  &c-  Liv.  ix.  30. 

Ill-  The  PLACES  and  RITES  of  SACRED 
THINGS. 

THE  places  dedicated  to  the  worship  of  the  gods  were 
Culled  temples,  Templa,  Cfana^delubra^mcraria^  edes. 
sacra)^  and  consecrated  by  the  augurs ;  hence  called  Augus- 
ta- A  temple  built  by  Agripp?  in  the  time  of  Augustus,  and 
dedicated  to  all  the  gods,  ^vas  called  Pantheon,  Dio,  liii.  27- 
A  small  temple  or  cli^pel  was  called  Sacellmn  or  Mdwula 
A  wood  or  t!iicket  of  trees  consecrated  to  religious  worship, 
was  called  Lucus,  a  grove,  PBu  xii-  6.  Plant.  Amph.  v.  1, 
42-   The  god*  were  suppose<.l  to  frequent  woods  and  fotin 


344  ROMAN  ANTIQUITIES. 

tains  ;  hence  Esse  locis  superos  testatur  silva,  Lucan.  ix^ 
522. 

The  worship  of  the  gods  consisted  chiefly  in  prayers^ 
vows,  and  sacrifices- 
No  act  of  rehgious  worship  was  performed  without  pray- 
er. The  words  used  were  thought  of  the  greatest  impor- 
tance, and  varied  according  to  the  nature  of  the  sacrifice, 
Valer.  Max.  i.  1-  Hence  the  supposed  force  of  charms  and 
incantations,  (verba  et  incantamenta  carminumj ^  Plin. 
xxviii.  2.  Horat.  Ep.  i-  1,  34.  When  in  doubt  about  the 
name  of  any  god,  lest  they  should  mistake,  they  \ised  to  say, 
Quisq^uis  Es,  Plant.  Rud.  i.  4,  37.  Firg-  jEn-  iv-  577- 
"Whatever  occurred  to  a  person  in  doubt  what  to  say,  was 
supposed  to  be  suggested  by  some  divinity,  Plant  Most-  iii. 
1,  137-  Apidei.  de  deo  Socratis-  In  the  day  time  the  gods 
were  thought  to  remain  for  the  most  part  in  heaven,  but  to 
go  up  and  down  the  earth  during  the  night  to  observe  the 
actions  of  men,  Plant-  Rud-  Prol-  8-  The  stars  were  suppos- 
ed to  do  the  contrary,  ibid- 

Those  who  prayed,  stood  usually  with  their  heads  cover- 
ed, (capite  velato  vel  operto)  looking  towards  the  east.  A 
priest  pronounced  the  words  before  them,  {verba  prc^ibat). 
They  frequently  touched  the  altars  or  the  knees  of  the  ima- 
ges of  the  gods  ;  turning  themselves  round  in  a  circle,  (m  gy^ 
rum  se  convert ebant),  Liv.  v.  21.  towards  the  right.  Plant. 
Cure-  i.  1. 70.  sometimes  put  their  right  hand  to  their  mouth, 
(dextram  ori  admovebant ;  whence  adoratio)^  and  also  pros- 
trated themselves  on  the  ground,  ( procumbebant  arts  advo- 
lutij. 

The  ancient  Romans  used  vvith  the  same  solemnity  to  offer 
up  vows,  (VOVEllE,  vota  facere^  suscipere^  concipere, 
nuncupare^  &c.)  They  vowed  temples,  games,  thence  call- 
ed Ludi  votiviy  sacrifices,  gifts,  a  certain  part  of  the  plunder 
of  a  city,  &c.  Also  what  was  called  V  ER  SACRUM,  that 
is,  all  the  cattle  which  were  produced  from  the  first  of  March 
to  the  end  of  April,  Liv-  xxii-  9,  10-  xxxiv-  44.  In  this  vow 
among  the  Samnites,  men  were  included,  Festus  in  Ma- 

MEHTINI. 

Sometimes  they  used  to  write  their  vows  in  paper  or  waxen 
tablets,  to  seal  them  up,  {obsignare)^  and  fiisten  them  with 


Sacred  Rites.  345 

Wax  to  the  knees  of  the  images  of  the  gods ;  that  being  sup- 
posed to  be  the  seat  of  mercy ;  Hence  Genua  ineerare  deo- 
r^//«,  Juvenal,  x-  55. 

Wlieri  the  tliifigs  for  which  they  offered  up  vows  were 
granted,  the  vows  were  said  t;a/<rr^,  esse  rata^  &c.  but  if  not, 
cadere^  esse  irrita,  &.c. 

The  person  who  made  vows  was  said,  esse  voti  reus ;  and 
when  he  obtained  his  wish,  {voti  compos,)  voti  damnatus, 
was  bound  to  make  good  his  vow,  till  he  perfjrmed,  Macrob- 
Sat.  iii-  2.  vel  voto,  Virg.  Eel.  v.  80-  Hence,  damnabis  tit 
quoque  votis,  i-  e.  obligabis  advota  solvenda,  shall  bind  men 
to  perform  their  vows  by  granthig  what  they  prayed  for,  Firg-- 
ibid,  reddere  vel  solvere  vota,  to  perform.  Purs  prcedce  de- 
bitGy  Liv.  debiti  vel  meriti  honores^  merita  dona,  &c.  A  vow- 
ed feast  {epulumvotivum)  was  called  Polluctum,  Plaut. 
JRud-  V.  3,  63-  from  poHucere  to  consecrate,  Id.  Stick.  \.  3. 
80.  hence pollucibiliter  ccvnare,  to  feast  sumptuously, /f/.il/y^f. 
i- 1,  23.  Those  who  implored  the  aid  of  the  gods,  used  to  lie 
ixnciibarej  hi  their  temples,  as  if  to  receive  from  them  re- 
sponses in  their  sleep,  Serv.  in  Firg-  vii.  88.  Cic.  divin,  i.  43- 
The  sick  in  particular  did  so  in  the  tepiple  of  iEsculapius, 
Plaut.  Cure,  i- 1,  61.  ii.  2,  10,  &c. 

Those  saved  from  shipwreck  used  to  hang  up  their  clothes . 
in  the  temple  of  Neptune,  with  a  picture  {fabula  votiva)  re- 
presenting the  circumstances  of  their  danger  and  escape, 
Firg.  xii.  768.  Herat.  Od.  i-  5.  Cic-  Nat.  D-  iii.  37.  So  sol- 
diers, when  discharged,  used  to  suspend  their  arms  to  Mars, 
gladiators  their  swords  to  Hercules,  Herat'  Ep.  i.  1,  4.  and 
poets,  when  they  finished  a  work,  the  fillets  of  their  hair  to 
Apollo,  Stat.  Sdv-  iv.  4,  92.  A  person  who  had  suffered 
shipwreck,  used  sometimes  to  support  himself  by  begging, 
and  for  the  sake  of  moving  compassion,  to  shew  a  picture  of 
his  misfortunes,  Juvenal,  xiv.  301.  Phadf.  iv.  21,  24. 

Augustus,  having  lost  a  number  of  his  ships  in  a  storm, 
expressed  his  resentment  against  Neptune,  bj^^  ordering  that 
his  image  should  not  be  carried  in  procession  with  those  of 
the  other  gods  at  the  next  solemnity  of  the  Circensian  games. 
Suet.  Aug.  16- 

,    Thanksgivings  (gratiarum  actiones)  used  always  to  be 
made  to  the  gods  for  benefits  received,  and  upon  j»ll  fortUr- 

Zz 


346  KOiMAN  ANTIQUITIES. 

nate  events.  It  was,  however,  believed  that  the  gods,  after  re^ 
markabie  success,  used  to  send  on  men,  by  the  agtiicy  of 
Nemesis,  (XJ lt Ri^/acino rum  impiorum^bononimque f rjK' 
MiAT Rix,  Afarcdltn.  xiv'  llj  a  reverse  of  fortune,  Liv. 
xlv.  41.  To  avoid  which,  as  it  is  thought,  Augustus,  in  con- 
sequence of  a  dream,  every  year,  on  a  certain  day  begged  an 
alms  from  the  people,  holding  out  his  hand  to  such  as  offer- 
ed him,  Ccavam  manum  asses poriigentibus  prabens)-,  Suet- 
Aug.  91.  Dio.  liv.  2,5. 

When  a  general  had  obtained  a  signal  victory,  a  thanks- 
giving (SUPPLICATIO  vel  supplicium)  was  decreed  by 
the  senate  to  be  made  in  all  the  temples  ;  Liv.  iii.  63,  and 
what  was  called  a  LECTISTERNIUM,  when  couches 
tvere  spread  {lecti  \t\ pulvinaria  sternebantur),  for  the  gods, 
as  if  about  to  feast,  and  their  images  taken  down  from  their 
pedestals,  and  placed  upon  these  couches  round  the  altars, 
which  were  loaded  with  the  richest  dishes.  Hence,  Ad  omnia 
pulvinaria  sacrificatum,  Liv-  xxii.  1.  supplicatio  decreta  est, 
Cic-  Cat-  iii- 10.  This  honour  was  decreed  to  Cicero  for  hav- 
ing suppressed  the  conspiracy  of  Catiline,  which  he  often 
boasts  had  never  been  conferred  on  any  other  person  with- 
out laying  aside  his  robe  of  peace,  (togatus,)  Dio.  37.  36- 
Cic.  Pis-  3.  Cat.  iii.  6.  &  10.  The  author  of  the  decree  Was 
L.  Cotta,  Cic.  Phil,  ii-  6.  xiv.  8.  A  supplication  was  also 
decreed  in  times  of  danger  or  public  distress ;  when  the  wo- 
men prostrating  themselves  on  the  ground  sometimes  swept 
the  temples  with  their  hair,  Liv.  iii.  7.  The  Lectisternium 
was  first  introduced  in  the  time  of  a  pestilence,  A.  U.  356o 
Liv.  v.  13. 

In  sacrifices  it  was  requisite  that  those  who  offered  them 
should  come  chaste  and  pure ;  that  they  should  bathe  them- 
selves ;  be  dressed  in  white  robes,  and  crowned  with  the 
leaves  of  that  tree,  which  was  thought  most  acceptable  to 
the  god  whom  they  worshipped.  Sometimes  also  in  the 
garb  of  suppliants,  with  dishevelled  hair,  loose  robes,  and 
barefooted.  Vows  and  prayers  were  always  made  before 
the  sacrifice. 

It  was  necessary  that  the  animals  to  be  sacrificed  {hostus 
vel  victima,  Ovid.  Fast.  i.  535.)  should  be  Without  spot  and 
blemish,  (decora  et  integra  vel  intactcs,  never  yoked  in  the 


Sacred  Rites.  347 

plough),  ibid.  i.  83.  and  therefore  they  were  chosen  from  a 
flock  or  herd,  approved  by  the  priests,  and  marked  widi 
chalk,  Jiwanal.  x.  66.  whence  they  were  called  egregi^t 
exrmia  ltct£.  They  were  adorned  with  fillets  and  ribands, 
Cinfidis  et  vittisj  Lw.  ii.  54.  and  crowns ;  and  their  horns 
were  gilt. 

Tile  victim  was  led  to  the  altar  by  the  Pop^,  with 
their  clothes  tucked  up  and  naked  to  the  waist,  (.qui  sitccinc- 
ti  erantet  ad  ilia  nudi,  Suet.  Culig.  ^2.)  with  a  slack  rope, 
that  it  might  not  seem  to  be  brought  by  force,  whicli  was 
reckoned  a  bad  omen.  For  tJie  same  reason  it  was  alio  vcd 
to  stand  loose  before  the  altar  ;  and  it  was  a  very  bad  omen 
if  it  fled  away. 

Then  after  silence  was  ordered,  Cic.  Diviii.  i-  45.  (see  p. 
189  J  a  salted  cake,  mola  salsa,  \t\jruges  sals^e,  Virg.  JEn.. 
ii.  133.  Far  et  mica  salts,  Ovid.  &c  Horat.  i.  e  Fa?'  tostumj 
comminutum^  et  saU  mistum,  l^ran  or  meal  mixed  with  salt), 
was  sprinkled  finspcrgebatur)  on  the  head  of  the  beast,  and 
frnnkiacensc  and  wine  poured  between  its  horns,  the  priest 
having  first  tasted  the  wine  himself,  and  given  it  to  be  tast- 
ed to  those  that  stood  next  him,  w^hich  was  called  LIBA- 
TIO,  Serv.  in  Ftrg.  JEn.  iv.  57,  &c.  and  thus  the  victim 
was  said  esse  macta,  i.  e.  magis  aucta  :  Hence  immolare  et 
mactare,  to  sacrifice ;  for  the  Romnns  carefully  avoided 
words  of  a  bad  omen,  as,  c(sdere,  jugidare^  &c.  The  priest 
plucked  the  highest  hairs  betv/een  the  horns,  and  threw  them; 
into  the  fire;  which  was  called  Lib  ami  n  a  prima^  Fij'go 
jEn.  vi.  246. 

The  victim  was  struck  by  the  cultrarius,  with  an  axe  or  a 
mall,  (malleoX  Suet.  Calig.  32.  by  the  order  of  the  priest, 
whom  he  asked  thus,  Agone  ?  Ovid-  Fast.  i.  323.  and  the 
priest  answered,  Hoc  age.  Suet.  Calig.  58.  then  it  was 
stabbed  ijugulabatur)  with  knives;  and  the  blood  being 
caught  (excepta)  in  goblets,  was  poured  on  the  altar.  It 
was  then  flayed  and  dissected.  Sometimes  it  was  all  burnt 
and  called  Holoc  austum,  (ex  oa«$  totus  et  **<«  uro)^  Virg. 
vi.  25,  but  usually  only  a  part ;  and  what  remained  was  di- 
vided between  the  priests  and  the  person  who  offered  the  sa» 
crifice  {qui sacra \  sacrijicium  eaciebat,  v.  sacris  ove~ 
HABATUB.  Vtrg.  G,  1.   393.  Tacit.  Annal.  ii.  14.)  The 


348  ROMAN  ANTIQUITIES. 

person  who  cut  up  the  animal,  and  divided  it  into  different 
parts,  was  said  prosecare  exta,  Liv-  v.  21.  Plant.  Poeu.  ii. 
1,  8.  and  the  entrails  thus  divided  were  called  PROsiciiE 
or  Prosecta,  Ovid.  Fast.  vi.  163.  These  rites  were  com- 
mon to  the  Romans  with  the  Greeks  ;  whence  Dionysius 
concludes,  the  Romans  were  of  Greek  extraction,  vii.  72. 

Tlien  the  aruspices  inspected  the  entrails,  (exta  consule- 
bant)^  Virg.  iv.  64.  And  if  the  signs  were  favourable,  (si 
exta  bona  essent),  they  were  said  to  have  offered  up  an  ac- 
ceptable sacrifice,  or  to  have  pacified  the  gods  (diis  litasse) ; 
if  not,  {si  exta  non  bona  vel  prava  et  tristia  essent),  ano- 
ther victim  was  offered  up,  {sacrificiiim  instaurabatur^  vel 
victima  succidanea  jnactabufur),  and  sometimes  several, 
Cic.  de  divin.  ii.  36,  38.  Suet.  Cas.  81.  Liv.  xxv.  16. 
Serv.  in  Firg.  iv.  50.  v.  94. 

The  liver  was  the  part  chiefly  inspected,  and  supposed  to 
give  the  most  certain  presages  of  futurity ;  hence  termed 
CAPUT  EXTORUM,  Plin-  xi.  37.  s.  73.  It  was  divid- 
ed into  two  parts,  called  pars  familiaris  and  pars  hos- 
TiLis  vel  inimici'  From  the  former  they  conjectured  what 
was  to  happen  to  themselves ;  and  from  the  latter,  what 
was  to  happen  to  an  enemy.  Each  of  these  parts  had  what 
was  called  CAPUT,  Liv.  viii.  9-  Cic.  divin-  ii.  12.  Lncan, 
i.  621.  which  seems  to  have  been  a  protuberance  at  the  en- 
trance of  the  blood-vessels  and  nerves,  which  the  ancients 
distinguished  by  the  name  of  fibres;  thus, /«  imajibra. 
Suet.  Aug.  95.  Eccevidet  capitijihrarum  increscere  molem 
Alterius  capitis.,  Lucan.  i.  627.  En  capita  paribus  bina  con- 
surgunt  toris,  Senec.  CEdip.  356-  Caput  jecinoris  duplexj 
Valer.  MaX'  i.  6,  9.  i.  e.  two  lobes,  one  on  each  side  of  the 
fissure  or  cavity,  commonly  called  Porta,  v.  -ta  Cic. 
Nat.  D.  ii.  55-  which  Livy  calls  auctum  in  jecinorcy 
xxvii.  26.  s.  28.  A  liver  without  this  protuberance,  ijccur 
sine  capite)^  or  cut  off,  {caput  jecinoris  c<esu7n)^  was  reckon- 
ed a  very  bad  omen  ;  {nihil  tristius)^  Cic.  divin.  i.  52.  ii. 
13.  &  16.  Liv.  viii.  9.  or  when  the  heart  of  the  victim  could 
not  be  found  ;  for  although  it  was  known,  that  an  animal 
could  not  live  without  the  heart,  Cic.  divin.  ii  16.  yet  it 
was  believed  sometimes  to  be  wanting ;  as  happened  to 
Csesar»  a  little  before  his  death,  while  he  was  sacrificing,  on 


Sacred  Rites.  349 

that  day,  on  which  he  first  appeared  in  his  golden  chair  and 
purple  robe,  ibid.  i.  52.  Falcr.  Max-  i-  6,  13.  whereupon 
the  Haruspex  Spurlnna  warned  him  to  beware  of  the  ides 
of  March,  ibid,  et  Suet.  Jul.  81.  The  principal  fissure  or  di- 
vision of  the  liver,  (Jissum  jecores  familiar e  et  vitale\  was 
likewise  particularly  attended  to,  Cic.  JVat.  D.  iii.  6.  Lk- 
vin.  i.  10.  ii.  13,  14.  as  also  its  fibres  or  parts,  and  those  of 
tlie  lungv,  ibid.  £s?  Fvg.  G  I  484.  .^.71.  iv.  6.  x.  176. 

After  the  Haruspices  had  inspected  the  entrails,  then  the 
parts  which  fell  to  the  gods  were  sprinkled  with  meal,  wine, 
and  frankincense,  and  burnt  (adolebantur  vel  cremabantur) 
on  the  altar.  The  entrails  were  said,  Dhs  dari  reddi,  et  por« 
rici^  C(ju(i-^i  porrigi.,  vel  porro  JaciJ,  when  they  were  placed 
on  the  altars,  Ccum  oris  vel  flammis  imponerentuf).,  Virg. 
iEn.  vi.  252.  xii.  214.  or  when,  in  sacrificing  to  the  Dit 
Marini.,  they  were  throw^n  into  the  sea,  ibid.  v.  774.  Hence, 
if  any  thing  unlucky  fell  out  to  prevent  a  person  from  doing 
what  he  had  resolved  on,  or  the  like,  it  was  said  to  happen 
inter  c£sa  (sc.  exta)  et  porrecta.,  between  the  time  of  .kil- 
ling the  victim  and  burning  the  entrails,  i.  e.  between  the 
time  of  forming  the  resolution  and  executing  it,  Cic.  Alt* 
V.  18. 

When  the  sacrifice  was  finished,  the  priest  having  washed 
his  hands  and  uttered  certain  prayers,  again  made  a  libation, 
and  then  the  people  were  dismissed  in  a  set  form  ;  Ilicet, 
or  ire  licet. 

After  the  sacrifice  followed  a  feast,  fEpulce  sacrijicales)^ 
which  in  public  sacrifices  was  sumptuously  prepared  by  the 
Septemviri  Epulones.  In  private  sacrifices,  the  persons  vvho 
oftered  them  feasted  on  the  parts  which  fell  to  them,  with 
their  friends. 

On  certain  solemn  occasions,  especially  at  funerals,  a 
distribution  of  raw  flesh  used  to  be  made  to  the  people,  call- 
ed ViscERATio,  Liv.  viii.  22.  xxxix.  46.  xli.  2^.  Cic.  Off, 
ii.  16.  Suet.  Ctts.  38-  For  viscera  signifies  not  only  the  in- 
testines, but  whatever  is  under  tlie  hide  :  particularly  the 
flesh  between  the  bones  and  the  skin,  Serv.  in  Firg  Mn.  \. 
211.  iii.  622.  vi.  253.  Suet.  Vitell.  13. 

The  sacrifices  offered  to  the  celestial  gods,  differed  from 
those  offered  to  the  infernal  deities  in  several  particuhirs. 


5S0  ROMAN  ANTIQUITIES. 

The  victims  sacrificed  to  the  former  were  white,  brought 
clii<  fly  from  the  river  Clitumnus,  Juvenal-  xii.  13.  Virg. 
Gforg.  ii.  146.  in  the  country  of  the  Faiisci,  Ovid,  PonU  iv. 
8,  41.  their  neck  was  bent  upwards,  (sursum  rtflectebaturJ , 
the  knife  was  applied  from  above,  (imponebatur)^  and  the 
blood  was  sprinkled  on  the  altar,  or  caught  in  cups.  The 
victims  offered  to  the  infernal  gods  were  black-  They  wer6 
killed  with  their  faces  bent  downwards,  (pron<e) :  the  knife 
was  applied  from  below,  (supponebatur),  and  the  blood  was 
poured  into  a  ditch- 

Those  who  sacrificed  to  the  celestial  gods,  were  clothed 
in  white,  bathed  the  whole  body,  made  libations  by  heaving 
the  liquor  out  of  the  cup,  ifundendo  manu  supina),^  and 
prayed  with  the  palms  of  their  hands  raised  to  heaven.  Those 
who  sacrificed  to  the  infernal  gods  were  clothed  in  black  : 
only  sprinkled  their  body  with  water,  made  libations  by 
turning  the  hand,  (invergendo,  i^a«#  manu  in  sinistram 
partem  versa  patera  converteretur)^  and  threw  the  cup  into 
the  fire.  SerV'  in  Firg.  ^n.  vi.  244.  prayed  with  their  palms 
turned  downwards,  and  striking  the  ground  with  their  feet, 
Cic.  Tusc.  Q.  ii-  25. 

Sacrifices  were  of  different  kinds  ;  some  were  stated  (sta^ 
ta  et  solemma)ty  others  occasional,  (fortuita  et  ex  accidenti 
nata,  as,  thos-e  called  expiatory,  for  averting  bad  omens, 
iad  portenta  vel  prodigia  procuranda,  expianda  et  avertenda 
vel  averruneanda),  making  atonement  for  a  crime,  (Sacri- 
JFiciA  piACULARiA,  flc^  crimen  expiandum) ,  and  the  like. 

Human  sacrifices  were  also  offered  among  the  Romans-— 
By  an  ancient  law  of  Romulus,  which  Dionysius  calls,  wft«5 
T^o^oa-iciq,  Lex  prodttiomSi  ii.  10.  persons  guilty  of  certain 
crimes,  as  treachery  or  sedition,  were  devoted  to  Pluto  and 
the  infernal  gods,  and  therefore  any  one  might  slay  them 
with  impunity.  In  after  times,  a  consul,  dictator,  or  praetor, 
might  devote  not  only  himself,  but  any  one  of  the  legion,  iex 
legione  JRomana,  called  Scrip  ta,  because  perhaps  the  sol- 
diers not  included  in  the  legion,  the  Velites,  Subitarii,  Tu^- 
multuariiy  &c.  were  excepted),  and  slay  him  as  an  expiatory 
victim,  (piaculum  i.  e.  in  piaculum,  hostiam  ctedere'),  Liv. 
viii.  10.  In  the  first  ages  of  the  republic,  hum m  sacrifices 
seem  to  have  been  offered  annually,  Macrob,  Sat.  i.  7.  an^ 


Sacred  Rites.  351 

It  was  not  till  the  year  657  that  a  decree  of  the  senate  was 
made  to  prohibit  it ;  ne  homo  immolaretur^  Plin.  xxx.  i.  s. 
$.  Mankind,  says  Pliny,  are  under  inexpressible  obligations 
to  the  Romans  for  abolishing  so  horrid  a  practice,  Ujtd  sus- 
ttilere  monstra,  in  quibus  hnmmem  occidere  religiosissimum 
erat  mandi  vera  etiam  saluberrimum,)  Ibid.  We  read  how- 
e>'erof  two  men  who  were  sUiIti  as  victims  with  the  usual 
solemnities  in  the  Campus  Martius  by  the  Pontifices  and 
Flamen  of  Mars,  as  late  as  the  time  of  Julius  Csesar,  A.  708- 
Dio,  xliii-  24.  Whence  it  is  supposed  that  the  decree  of  tlie 
senate  mentioned  by  Pliny,  respected  only  private  and  ma- 
gical sacred  rites,  as  those  alluded  to,  Horat.  Epod-  5.  Au- 
gustus, after  he  had  compelled  L.  Antonius  to  a  surrender 
at  Persia,  ordered  400  senators  and  equites^  who  had  sided 
with  Antony,  to  be  sacrificed  as  victims  at  the  altar  of  Julius 
Caesar,  on  the  ides  of  March,  A.  U.  713.  Dio.  xlviii.  14. 
Suetonius  makes  them  only  300,  Aug.  15.  To  this  savage 
action  Seneca  alludes,  de  Clem.  i.  11.  In  like  manner,  Sex. 
Pompeius  threw  into  the  sea  not  only  horses,  but  also  men. 
alive,  as  victims  to  Neptune,  Dio^  xlviii.  48.  Boys  used  to 
be  cruelly  put  to  death,  even  inthe  time  of  Cicero  and  Ho- 
race for  magical  purposes,  Cic,  Vat.  14.  Horat.  Epod.  5. 

A  place  reared  for  offering  sacrifices  was  sailed  Ara  or 
Altare,  an  altar  :  Altaria  {^ab  altitudinej  tantum  diis 
superis  consecrabantiir  ;  ar^e  etdiis  superis  et  inferis.  Serv. 
in  Virg.  Eel.  v.  66.  i^n.ii.  515.  In  the  phrase,  Pro  oris  etfo^ 
cisy  A  R  A  is  put  for  the  altar  in  the  impluvium  or  middle  of  the 
house,  where  the  Penates  were  worshipped  ;  and  pocus,  for 
the  hearth  in  the  atrium  or  hall,  where  the  Lares  were  wor- 
shipped, Cic.  Dom.  40,  41.  Dejot.  3.  Sext.  42.  Phil.  ii.  30: 
Sallust.  Cat.  52.  A  secret  place  in  the  temple,  where  none 
but  priests  entered,  was  called  adytum,  Cas-  B.  C-  iii.  105, 
universally  revered,  Paiisan.  x.  32. 

Altars  used  to  be  covered  with  leaves  and  grass,  called 
VERBENA,  2-  e.  hcrba  sacra,  Serv.  Virg.  jEn.  xii.  120.  Eel, 
viii.  65.  Donat'  Ter.  iv.  4,  5.  Horat.  Od.  iv*  11,  7.  adorned 
with  flowers,  Ovid.  Trist-  iii.  13,  15.  Stat.  Theb.  8,  298. 
Sil.  16.  309.  and  bound  with  woollen  fillets,  Prop»  iv.  6,  6. 
Virg.  jEn.  iv.  459.  therefore  called  nex(C  torques,  i.  e^  cnro- 
ntej  Id.  G.  iy,  270. 


S52  ROMAN  ANTIQUITIES. 

Altars  and  temples  afforded  an  asylum  or  place  of  refuggf 
among  the  Greeks  and  Romans,  Nep.  Pans.  4  Cic.  Nat  D^ 
iii.  10.  Q.  Rose.  2.  Ovid-  Trist.  v.  2,  43.  as  among  the  Jews, 
1  Kings,  i.  50.  chiefly  to  slaves  from  the  cruelty  of  their  mas- 
ters, Terent.  Heut.  v.  2,  22.  Plant.  Rud.  iii.  4,  18.  Most.  v. 
i.  45.  to  insolvent  debtors  and  criminals,  Tacit-  Annal.  nv 
60.  where  it  was  reckoned  impious  to  touch  them,  Cic. 
7 use.  \-  35.  Virg.  Mn.  i.  349-  ii.  513,  550.  and  whence  it 
was  unlawful  to  drag  them,  Cic.  Dom.  4>l.  but  sometimes 
they  put  fire  and  combustible  materials  around  the  place, 
that  the  person  might  appear  to  be  forced  away,  not  by  men, 
but  by  a  god,  (Vulcan),  Plant.  Most.  v.  i.  65.  or  shut  up 
the  temple  and  unroofed  it,  {tectum  sunt  demoliti),  that  he 
might  perish  under  the  open  air,  Nep.  Pans-  5.  p.  63.  hence 
ara  is  put  for  refugium.,  Ovid.  Trist.  iv.  5,  2. 

The  ynwwz^fn  consecrated  a  chapel  to  Caesar  in  theyorww, 
on  the  place  where  he  was  burnt ;  and  ordained  that  no  per- 
son who  fled  there  for  sanctuary  should  be  taken  from  thence 
to  punishment;  a  thing  which,  says  Dio,  had  been  granted  to 
no  one  before,  not  even  to  any  divinity ;  except  the  asylum  of 
Romulus,  which  remained  only  in  name,  being  so  blocked 
up,  that  no  one  could  enter  it,  Dio.,  xlvii.  19.  But  the  shrine 
of  Julius  was  not  always  esteemed  inviolable;  the  son  of 
Antony  was  slain  by  Augustus,  although  he  fled  to  it,  Suet,. 
Aug.  17. 

There  were  various  vessels  and  instruments  used  in  sacrifi- 
ces ;  as,  acerra  vel  tkuribulum^  a  censer  for  burning  incense ; 
Mmpulum  vel  simpuvium,  guttum,  capis,  -idis.,  patera.,  cups 
used  in  libations,  ollte,  pots ;  tripodes,  tripods ;  secures  vel 
lipenneSf  axes  ;  cultri  vel  secespita.,  knives,  &c.  But  these 
will  be  better  understood  by  representation  than  description- 

The  ROMAN  YEAR. 

TJ  OMULUS  is  said  to  have  divided  the  year  into  ten 
-■-^  months  ;  the  first  of  which  was  called  Martiusy  March, 
from  Mars  his  bui)pr>sed  father ;  Ovtd.  Fast.  iii.  75,  &  98. 
the  second  Atmlis,  eitlnr  from  the  Greek  name  of  Venus, 
(Af^ed^Tsj),  Ovid.  Fast.  i.  39.  Horat-  Od.  iv.  11.  or  because 
then  trees  and  flowers  open  {se  aperiunt,  their  buds,  Plu- 
tarch' inNiiffia.,  Ovid.  Fast.  iv.  87.  the  third,  Mains,  May, 


Ho  MAN  Year;  35& 

iVoni  Maia^  the  mother  of  Mercury  ;  and  the  fourth,  Junius^ 
Ju'ie,  from  the  goddess  </««o,  or  in  honour  of  the  young,  iju- 
7,ioruni);  and  May  of  the  <Sld,  {majornm);  Ovid.  Fast.  v. 
427.  The  rest  were  named  from  their  number,  Quifitilisj 
iSextih's,  SeptembcTy  Octoner^  November^  December^  ibid.  i. 
41.  Quintiiis  was  afterwards  called  Julius,  from  Julius  Cae- 
sar, and  St^xtiiis  Augustus,  from  Augustus  Cssar  ;  becuuse 
in  it  he  had  first  been  made  consul,  and  had  obtained  re- 
markable victories,  Suet.  3 1.  Dw,  1  v.  6.  in  particular,  he  had 
become  master  of  Alt-xandria  in  .Egypt,  A.  U.  724,  and 
fifteen  years  after  (lustro  tertio),  on  the  same  day,  probably 
tlie  29th  of  August,  had  vanquished  the  Rii^ti,  by  means  of 
Tiberius,  Ilorat-  Od.  iv.  14,  34.  Other  en.perors  gave  their 
names  to  particuhir  months,  but  these  were  forgotten  after 
their  death.  Suet.  Domit.  13-  Plin-  Pan-  54. 

Numa  added  two  months,  called  Januarius,  from  Janus  ; 
and  Februarius^  because  then  the  people  were  purified  ^fe- 
'>ruabatur^  i-  e.  purs[abatur\id  lustrabatur),  by  an  expiatory 
'.acrifice  {Februalia)  from  the  sins  of  the  whole  year ;  for 
tins  anciently  was  the  last  month  in  the  year,  Cic.  de  legg, 
ii.  21.  Ovid.  Fast,  ii-  49.  Tibuli  iii-  1,  2- 

Numa,  in  imitation  of  the  Greeks,  divided  the  year  into 
t\,velve  months,  according  to  the  course  of  the  moon,  con- 
sisting in  all  of  354  days  ;  he  added  one  day  more,  Plin. 
xxxiv.  7.  to  make  the  number  odd,  which  was  thought  the 
more  fortunate.  But  as  ten  days,  5  hours,  49  minutes,  (or 
rather  48  minutes,  57  seconds,)  were  wanting  to  make  the 
lunar  year  correspond  to  the  course  of  the  sun,  he  appointed 
that  every  other  year  an  extraordinary  month,  called  Men- 
sis  Intercalaris,  or  Mercedomus,  should  be  inserted  between 
the  23d  and  24th  day  of  February,  Liv.  i.  19.  The  interca- 
lating of  this  month  was  left  to  the  discretion  (arbitrio)  of  the 
Pontijices  ;  who,  by  inserting  more  or  fewer  tlays,  used  to 
make  the  current  year  longer  or  shorter,  as  was  most  con- 
venient for  themselves  or  their  friends  ;  for  instance,  that  a 
magistrate  might  sooner  or  later  resign  his  office,  or  con- 
tractors for  the  revenue  might  have  longer  or  shorter  time 
to  collect  the  taxes,  Cie.  de  legg.  ii.  12.  Fam.  vii.  3.  12.  viii. 
Q.Att.  V.  9.  13.  vi.  1.  Suet  Cas-  40.  Dw.  xl-  62.  Censorm: 
20-  Macro^',  Sat-\.  13.  In  consequence  of  this  licenf^e.  th'^ 

3  A 


354  ROMAN  ANTIQUITIES 

months  were  transposed  from  their  stated  seasons  ;  the  wni- 
ter  months  carried  back  into  autumn,  and  the  autumnal 
into  summer,  Cic.  Att.  x.  17. 

Julius  Ccesar,  when  he  became  master  of  the  state,  resolv- 
cd  to  put  an  end  to  this  disorder,  by  abolishing  the  source  of 
it,  the  use  of  intercalations  ;  and  for  that  purpose,  A.  U 
707.  adjusted  the  year  according  to  the  course  of  the  sun, 
and  assigned  to  each  month  the  number  of  days  which  they 
still  contain.  To  make  matters  proceed  regularly,  from  the 
1st  of  the  ensuing  January,  he  inserted  in  the  current  year, 
besides  the  intercalary  month  of  23  days,  which  fell  into  it 
of  course,  two  extraordinary  months  between  November  and 
December,  the  one  of  thirty-three,  and  the  other  of  thirty-four 
days  ;  so  that  this  year,  which  was  called  the  last  year  of 
confusion^  consisted  of  fifteen  months,  or  445  days,  Suet> 
Cas.  40.  Plin,  xviii.  25.  Macrob.  Sat.  i.  14.  Censorin.  de  die 
Nat.  20- 

All  this  was  effected  by  the  care  and  skill  of  Sosigenes^  a 
celebrated  astronomer  of  Alexandria,  whom  Cs^sar  had 
brought  to  Rome  for  that  purpose  ;  and  a  new  kalendar  was 
formed  from  his  arrangement,  by  Flavins  a  scribe,  digested 
according  to  the  order  of  the  Roman  festivals,  and  the  old 
manner  of  computing  the  days  by  kalends,  nones,  and  ides ; 
which  was  published  and  authorised  by  the  dictator's  edict. 

This  is  the  famous  JULIAN  or  solar  year,  which  conti- 
nues in  use  to  this  day  in  all  Christian  countries,  without  any 
other  variation,  than  that  of  the  old  mid  new  style;  which  was 
occasioned  by  a  regulation  of  Pope  Gregory,  A.  D-  1582, 
who  observing  that  the  vernal  equinox,  which,  at  the  time  of 
the  council  of  Nice,  A-  D.  325,  had  been  on  the  21st  March, 
then  happened  on  the  10th,  by  the  advice  of  astronomers, 
caused  ten  days  to  be  entirely  sunk  and  thrown  out  of  the 
current  year,  between  the  4th  and  15th  of  October  ;  and  to 
make  the  civil  year  for  the  future  to  agree  with  the  real  one, 
or  with  the  annual  revolution  of  the  earth  round  the  sun  ;  or, 
as  it  was  then  expressed,  with  the  annual  motion  of  the  sun 
round  the  ecliptic,  which  is  completed  in  365  days,  5  hours, 
49  minutes  ;  he  ordained,  that  every  100th  year  should  not 
be  leap  year,  excepting  the  400th ;  so  that  the  difference  will 
hardly  amoupt  to  a  day  m  7000  years,  or,  according  to  a 


Roman  Year.  .355 

more  accurate  computution  of  the  length  cf  the  year,  to  a 
f?ay  in  5200  years- 

This  .iteration  of  the  style  was  immediately  adopted  in 
ajl  thf  Roman  Catholic  countries  ;  but  not  in  Bnti«n  till 
the  year  1752,  when  eleven  days  were  dropt  between  the  2d 
and  14th  September,  so  that,  that  month  contained  only 
nincietn  cUiys ;  and  thenceforth  the  new  style  was  adopted  as 
it  hrid  been  before  in  the  other  countries  of  Europe.  The 
same  year  also  another  alteration  was  made  in  England,  tljat 
the  leg  ui  3  ear,  which  before  had  begun  the  25th  March, 
should  bej.:i  1  upon  the  1st  of  January,  which  first  took  place 
1st  Jcinuarj'  1752. 

Tne  Romans  divided  their  months  into  three  parts  by  Ka- 
lends, Nones,  and  Idas.  The  first  day  was  called  KALEN- 
D/E  vel  CalendiC,  (a  calando  vel  vocando),  from  a  priest  call- 
jnc;  nut  to  the  people  that  it  was  new  moon  ;  the  5th  day, 
jSONiE,  the  wowe^  ;  the  13th,  IDUS,  the  ides,  from  the 
obsolete  verb  iduare,  to  divide  ;  because  the  ides  divided 
the  month.  The  nones  were  so  called,  because  counting  in- 
clusively, they  were  nine  days  from  the  ides. 

In  March,  May,  July,  and  October,  the  nones  fell  on  the 
7th,  and  the  ides  on  the  15th.  I'he  first  day  of  the  interca- 
lary month  was  called  Calend^e  Intercalares,  Cic. 
Quijit.  25.  of  the  former  of  those  inserted  by  Caesar,  Kal. 
intercalares  PRioRiis,  Cic.  FuTU-  vi.  14. — Intra  sep- 
timas  Calendas^  in  7  months,  Martial,  i-  100.  6.  Sexta  ka- 
lendx,  i.  e.  Kalends  sexti  mensis,  the  first  day  of  June,  Ovid, 
Fast.  vi.  181.        • 

Caesar  was  led  to  this  method  of  regulating  the  year  by 
observing  the  manner  of  computing  time  among  the  Egyp- 
tians ;  who  divided  the  year  into  12  months,  each  consisting 
of  30  days,  and  added  5  intercalary  days  at  the  end  of  the 
year,  and  every  fourth  year  6  days,  Herodot.  ii.  4.  These 
supernumerary  days  Cassar  disposed  of  among  those  months 
which  now  consist  of  31  days,  and  also  the  two  days  which 
he  took  from  February ;  having  adjusted  the  year  so  exact- 
H'  to  the  course  of  the  sun,  says  Dio,  that  the  insertion  of 
one  intercalary  day  in  1461  years  would  make  up  the  differ- 
ence, Dio,  xHii.  26-  which,  however,  was  found  to  be  ten 
days  jess  th^n  the  truth.    Another  difference  llet^veen  the 


356  ROMAN  ANTIQUITIES, 

^"Egyptian  and  Julian  year  was,  that  the  former  bcguii  wit'i. 
September,  and  the  hitter  with  Juniiary. 

The  ancient  Romans  did  not  divide  their  time  into  wcelis, 
as  we  do  in  imitation  of  tl'ic  Jews.  Tiic  country  people  came 
to  Rome  every  ninth  day,  (seep-  91  )  v/hcncc  these  days 
were  called  Nundin^,  qnasi  No  vending,  having  seven 
intermediate  days  for  working,  Macrob^  i.  16,  'but  there 
seems  to  have  been  no  word  to  denote  this  space  of  time. 
The  time  indeed  between  the  promulgation  and  passing  of  a 
law  was  called/rRiNUM  nundinum,  orTRiNUXDiNUM, 
Liv.  iii.  2^S'  Cic.  Dom>  16,  16.  Phil  v.  3.  Fam.  xvi,  12.  But 
this  might  include  from  17  to  30  days,  according  to  the  time 
"when  the  table  containing  the  business  to  be  determined, 
{tabula  promtdgafionis,)  wa^  hung  up,  and  the  Comitia  were 
held.  The  classics  never  put  nundinufn  by  itself  for  a  space 
tbf  time.  Under  the  later  emperors,  indeed,  it  was  used  to  de  = 
note  the  time  that  the  consuls  remained  in  office,  which  then 
probably  was  two  months,  Lamprid.  in  Alex.  Sever.  28.  & 
43-  so  that  there  were  12  consuls  each  year  ;  hence  nuTtdi- 
iium  is  also  put  for  the  two  consuls  themselves,  {collegium 
consulum),  Vopisc-  TaC'  9. 

The  custom  of  dividing  time  into  v/eeks,  Uiebdomades^  v- 
c/1^,  vel  septimana),  was  introduced  under  the  emperors,  Dio, 
ivho  flourished  under  Severus,  says,  it  first  took  place  a  lit- 
tle before  his  tim.e,  being  derived  from  the  Egyptians  ;  and 
universally  prevailed,  xxxvii-  18'  The  days  of  the  week 
were  named  from  the  planets,  as  they  still  are  ;  Dies  Solisj 
Sunday  ;  Lunx,  Monday  ;  Martis,  Tuesday  ;  Mercurii, 
Wednesday  ;  Jovis,  Thursday,  Veneris^  Friday  ;  Saturin, 
Saturday  ;  ibid. 

The  Romans,  in  marking  the  days  of  the  month,  counted 
backwards.  Thus  they  called  the  last  day  of  December 
Pridie  Kalendas.,  sc-  anfe^  or  Pridie  Kalcndaram  Januariiy 
.marked  shortly,  Prid  Knl  Jan.  the  day  before  that,  or  the 
30th  December,  Tertio  Kal.  Jan-  se.  die  ante,  or  ante,  diem 
'ertium  Kal  Jan.  and  so  through  the  v/hole  year  :  Thus, 


Roman  Year. 


55' 


A  TABLK  of  the  Kalends,  Nones,  and  Ides. 

Apr.  June, 

Jan.  August. 

March,  May, 

O  cr 

3.  o 

February. 

1 

Sept.  No^-. 

December. 

July,  Oct. 

Kulendas. 

Kalendre. 

Kalends. 

Kalcndaj. 

2 

iV. 

IV. 

VI. 

IV. 

3 

III. 

III. 

V. 

III. 

4 

Prid-  Non. 

Prid.  Non. 

IV. 

Prid.  Non. 

5 

Nonce- 

Nonas. 

III. 

Nonas, 

6 

VIII. 

VIII. 

Prid.  Non. 

VIII. 

7 

VII. 

VII. 

Non«e. 

VII. 

8 

VI. 

VI. 

VIII. 

VI. 

9 

V. 

V. 

VII. 

V. 

10 

IV 

IV. 

VL 

IV. 

11 

III. 

III. 

V. 

III. 

12 

Prid.  Id. 

Prid.  id. 

[V. 

Prid.  Id. 

13 

Idus. 

•dus. 

HI. 

Idus. 

14 

XVIII. 

XIX. 

Prid.  id. 

XVI. 

1     U 

KVII. 

XVIII. 

IddS. 

XV. 

16 

KVI. 

XVII. 

XVII. 

XIV. 

17 

KV. 

XVI. 

XVI. 

XIII. 

h- 

KIV. 

XV. 

XV. 

XII. 

19 

XIII. 

XIV. 

XIV. 

XI. 

20 

KII. 

XIII. 

XIII. 

X. 

21 

XI. 

XII. 

XII. 

IX. 

22 

X. 

XI. 

XI. 

VIII. 

23 

IX. 

X. 

X. 

VII. 

24 

VIII. 

IX. 

IX. 

VI. 

25 

VII. 

VIII. 

VIII. 

V. 

26 

VI. 

VII. 

VII. 

IV. 

27 

V. 

VI. 

VI. 

III. 

28 

'iv. 

V. 

V. 

Prid.  Kal. 

29    III. 

IV. 

IV. 

Martii. 

30   Prid.  Kal. 

III. 

III. 

31    Mens.  seq. 

Prid.  Kal. 

Prid.  Kal. 

Mens   seq. 

Mens.  seq. 

In  leap  year,  that  is,  when  February  has  twenty-nine 
'  days,  which  happens  every  fourth  year,  both  the  24th  and 
25th  diiv  of  that  month  were  marked,  sexto  Kalendas  Mar 
tii  or  Martiass  and  hence  this  year  is  called  Bissexti- 

LIG. 


35S  ROMAN  ANTIQUITIES. 

The  names  of  all  the  months  are  used  as  substantives  m 
adjectives,  except  Aprilis,  which  is  used  only  as  a  substan- 
tive. 

The  Greeks  had  no  kalends  in  their  way  of  reckoning  ; 
bat  called  the  first  day  of  the  month  vnf^-ivict,  or  new  moon  ; 
hence  ad  Gracas  Kalendas  solvere^  for  nunquam^  Suet  Augo 
87. 

The  day  among  the  Romans  was  either  civil  or  naturat. 

The  civil  day  (DIES  CIVILIS)  was,  from  mid-night 
to  mid-night-  The  parts  of  which  were,  1.  Media  nox  ;  2. 
]\f edict  noctis  inclination  vtlde  media  node;  3.  Gallicinium, 
cock-crow,  or  cock- crowing,  the  time  when  the  cocks  bc^ 
gin  to  crow ;  4.  Conticimum,  when  they  give  over  crovving  ; 
5.  Diluculuniy  the  dawn  ;  6.  Mane^  the  morning  ;  7.  Ante 
meridianum  tempus^  the  forenoon ;  8.  Meridies^  noon  or 
mid-day  ;  9.  Tempus  pomeridianum^  vel  meridiei  inclination 
afternoon;  10.  Sohs  occasus^  sun-set;  11.  Fespera^  the 
evening  ;  12.  Crepusculum^  the  twilight,  {dubium  tempus^ 
noctis  an  diei  sit :  Idea  dubice  res  crepv  rs  dictce^  Varr.  L-  L. 
vi.  4.)  13.  Prima  fax,  when  candles  were  lighted,  called  al- 
so prim*  tenebne^  Liv.  Prima  lumina,  Horat— -14.  Coneu- 
bianoXyXel  concubium  btd'time ;  Liv.  xxv.  9. — =15.  /n- 
tempesta  nox,  or  silentium  noctis.  far  on  in  the  night;  16. 
Inclinatio  ad  medium  noctetn,  Censorin  de  die  nat.  c.  24. 

The  natural  day  (DIES  NATURALIS)  was  from  the 
rising  to  the  setting  of  the  sun.  It  was  divided  into  twelve 
hours,  which  were  of  a  different  length  at  different  seasons  : 
hence  liora  hiberna  for  brevissima.  Plant.  Pseud,  v.  2-  11. 

The  night  was  divided  into  four  watches,  (vigilia  prima^ 
secunduy  &c.)  each  consisting  of  three  hours,  which  were 
likewise  of  a  different  length  at  different  times  of  the  year  : 
Tlius,  /lora  sexta  noctis^  midnight ;  Septima,  one  o'clock 
in  the  morning  ;  Octava,  two,  &c.  Plin.  Ep.  iii-  4. 

Before  the  use  of  dials  {horologia  solaria  vel  sciaf erica) 
was  known  at  Rome,  there  was  no  division  of  the  day  into 
hours  ;  nor  does  that  word  occur  in  the  Twelve  Tables. 
They  only  mention  sun-rising  and  sun- setting  be/ore  and 
after  mid-day,  Censorin.  23.  According  to  Pliny,  mid-day 
wjs  not  added  till  some  years  after,  vii.  60.  an  accensus  of 
the  consuls  being  appointed  to  call  out  that  time,  iacccnso 


Roman  Festivals.  3Sil 

tomulum  id pronunciantf),  when  he  saw  the  sun  from  the 
senate-house,  between  the  Rostra  and  the  place  called  Gr-iE- 
cosTAsis,  Plin.  ihid.  where  ambassadors  from  Greece  and 
other  fon.ign  countries  used  to  stand,  Farr,  L.  L.  iv.  32a 
Cic.  ad  Q  Fr.  ii.  1. 

Anaximander  or  Anaximenes  of  Miletus,  is  said  to  have 
invented  dials  at  Lacedxmon  in  the  time  of  Cyrus  the 
Great,  Plin.  ii.  76.  The  first  dial  is  said  to  have  been  set  up 
at  Rome  by  L-  Papirius  Cursor,  A.  U.  447.  and  the  next 
near  the  Rostra  by  M-  Valerius  Messala  the  Consul,  who 
brought  it  from  Catana  in  Sicily,  in  the  first  Punic  war,  A. 
U.  481.  Plin.  vii.  60  Gell.  ex  Plant,  iii.  3.  Hence,  ad  sola- 

rium  versari,  for  inforo^  Cic-  Quint-   18 Scipio  Nasica 

first  measured  time  by  water,  or  by  a  clepsydra^  which 
served  by  night  as  well  as  by  day,  A.  U.  595.  ibid.  (See  p. 
265.)  The  use  of  clocks  and  watches  was  unknown  to  the 
Romans- 

DIVISION  OF  DAYS  AND  ROMAN 
FESTIVALS. 

DAYS  among  the  Romans  were  either  dedicated  to  reli-- 
gious  purposes,  (DIES  FESTI),  or  assigned  to  ordi- 
nary business,  {die^  PROFESTL)  There  were  some  part- 
ly the  one,  and  partly  the  other,  ("dies  INTERCISI,  i.  e. 
expartey<?,9/'i,  et  ex  lysiTteprofesti),  half  holidays. 

On  the  Diesjesti  sacrifices  were  performed,  feasts  and 
games  were  celebrated,  or  there  was  at  least  a  cessation  from 
business.  The  days  on  which  there  was  a  cessation  from 
business  were  called  FERIiE,  holidays,  Cic.  legg.  ii.  8- 
Divin.  i.  45.  and  were  either  public  or  private. 

Public  i^£"n^  or  festivals  were  either  stated,  (STATiE), 
or  annually  fixed  on  a  certain  day  by  the  magistrates,  or 
Priests,  (CONCEPTIViE)  or  occasionally  appointed  by 
order  of  the  consul,  the  praetor,  or  Pontifex  MaximuSi 
(Imperative).  "* 

The  stated  festivals  were  chiefly  the  following  : 

1.  In  January,  AGONALIA,  in  honour  of  Janus,  on  tlie 
9th,  (v-  Id.)  Ovid.  Fast-  i.  318,  &c.  and  also  on  the  20th 
May:  CARMENTALIA,  in  honour  ofCarmenta,  the 
motte  of  Evander,  ©n  the  11th  C  111.  Id.  Ovia.ibid.AQl, 


.360  ROiVIAN  ANTIQUITIES. 

but  this  was  an  half  holiday,  iintercisus)  ;  for  after  mid-dajr^ 
it  was  dies  prof  est  us,  a  common  work-day.  On  the  13th  (/flfz- 
bus)  a  wether  ivervex  vel  avis  semimas,  arisJ  was  sacrificed 
to  Jupiter,  Ovid.  Fast,  i-  588.  On  this  day  the  name  of 
Augustus  was  conferred  on  Cffisar  Octavianus,  ibid,  590* 
On  the  first  day  of  this  month,  people  used  to  wish  one  ano- 
ther health  and  prosperity,  {omnia  fausta,)  Plin-  28,  2.  s.  5- 
and  to  send  presents  to  their  friends-  (See  p.  61.)  Most  of 
the  Magistrates  entered  on  their  office,  and  artists  thought 
it  lucky  to  begin  any  work  they  had  to  perform,  {opera  aiis- 
picabantur)y  Senec.  Ep-  83.  Ovid,  et  Martial  passim. 

2-  in  February,  FAUNALIA,  to  the  god  Faunus,  on  the 
13th  {Idibus):  LUPERCALIA,to  Lycasn  Pan,  on  the  15th, 
(xv.  KaL  Mart);  QUIRINALIA,  to  Romulus,  on  the 
17th;  FERALIA,  (quod  turn  epulas  ad  sepulchra  atnico- 
7'um  ferebant,  vel  pecudes  feriebant,  Festus)^  to  the  Dii  Ma- 
nes, on  the  21st,  (Ovid  says  the  17th)  and  sometimes  conti- 
nued for  several  days ;  after  which  friends  and  relations  kept 
a  feast  of  peace  and  love  {charistia)  for  settling  differences 
and  quarrels  among  one  another,  if  any  such  existed,  Faler- 
Max^  ii.  1,  8.  Ovid-  Fast-  ii-  631.  TERMINALIA,  to  Ter^ 
minus ;  REGIFUGIUM  vel  regis  fuga,  in  commemora- 
tion of  the  flight  of  king  Tarquin,  on  the  24th  ;  EQUIRIA^ 
horse-races  in  the  Campus  Martins,  in  honour  of  Mars,  on 
the  27th. 

3.  In  March,  MATRONALIA,  celebrated  by  the  ma^ 
trons  for  various  reasons,  but  chiefly  in  memory 'of  the  war 
terminated  between  the  Romans  and  Sabines,  Ovid-  Fast-  iii^ 
170.  on  the  first  day  ;  when  presents  used  to  be  given  by 
husbands  to  their  wives,  Plant.  Mil.  iii-  1.  97-  TibuL  iii.  1- 
Suet.  Vesp.  19.  Festum.  ANCILIORUM,  on  the  same  day 
and  the  three  following,  when  the  shields  of  Mars  were  car- 
ried through  the  city  by  the  Salii,  who  used  then  to  be  enter- 
tained with  sumptuous  feasts ;  whence  Saliares  dapes  vel 
cceme,  for  lauttc  opiparx,  opulent^,  Horat.  Od.  i«  37,  2.  LL 
BERALIA,  to  Bacchus,  on  the  18th,  (xv.  Kal  Apr.)  when 
young  men  used  to  put  on  the  Toga  viriiis,  or  manly  gown  ; 
QUINQU ATRUS,  -iium  vel  Quinquatria,  Ovid.  Fast.  iii. 
310.  Cell  ii.  21.  in  honour  of  Minerva,  on  the  19th,  at  first 
only  for  one  day,  but  afterwards.for  fiive ;  whence  they  got 


Roman  Festival^.  36i 

their  name.  At  this  time  boys  brought  presents  to  their  mas- 
ters,  called  Mmervalia.  On  the  last  day  of  this  festival,  and 
also  on  the  23d  Ma\ ,  the  triunpcts  used  in  sacred  rites  were 
purified  ilustrabantur)  by  sacrificing  a  lamb  ;  hence  it  was 
called  TuBiLUbTRiuM,  vel  -ia,  Ovid-  Fast-  iii-  829-  v  725. 
HILxVRlA,  ill  honour  of  the  mother  of  the  gods,  on  the  25th. 

4.  Ill  April,  MEG  ALES  I A  or  Megalmses,  to  the  great 
mother  of  the  gods,  on  the  4th  or  5th;  CEREALIA,  or 
Ludi  Cereales,io  Ceres,  on  the  9th ;  FORDICIDIA,  on  the 
15th,  when  pregnant  cows  were  sacrificed,  (ford*  doves,  i.  e. 
gravidic,  qins  in  ventre  ferunt),  Ovid-  Fast-  iv.  5,  629.  PA- 
LILIA  vel  Parilm,  to  Pales,  the  21st-  (See  p.  1)  on  this  day- 
Caesar  appointed  Circension  games  to  be  annually  celebrated 
ever  after,  because  the  news  of  hislast  victory  over  Labie- 
mis  and  the  sons  of  Pompey  at  Munda  in  Spain  had  reach- 
ed Rome  the  evening  before  this  festival,  Dio,  xliii.  42.  RO- 
BIGALIA,  to  Rubigus,  that  he  would  preserve  the  corn 
from  mildew,  (a  riihigi7ie'),  on  the  25th  ;  FLORALIA,  to 
Flora  or  C/iloris,  Cut  omnia  bene  deflorescerent,  shed  their 
blossoms,  Plin.  xviii.  29.)  begun  on  the  28th,  and  continu- 
ed to  the  end  of  the  month,  attended  with  great  indecency, 
Lactant'  i.  20,  10.  Scholiast,  in  Juvenal,  vi.  249.  which  is 
said  to  have  been  once  checked  by  the  presence  of  Cato,  Se* 
neC'  Ej).  97.  Martial,  i.  3.  &  prxfFaler.  Max.  ii.  10.  8. 

5.  In  May,  on  the  kalends  were  performed  the  sacred  rites 
of  the  Bona  Dea  by  the  Vestal  Virgins,  and  by  women  only, 
Ccum  omne  masculum  expellabatur),  Juvenal,  vi.  339.  in 
the  house  of  the  consuls  and  praetors,  for  the  safety  of  the 
people,  Dio,  xxxvii.  ^5,  &  45.  On  this  day  also  an  altar 
was  erected  ^constitutaJ,  and  a  sacrifice  offered  to  the  JLa- 
res  called  Pr^stites,  Cquod  omnia  tuta  pr<estant),  Ovid. 
Fast.  V.  133.  on  the  2d,  COMPITALIA,  to  the  Lares  m 
the  public  ways,  at  which  time  boys  are  said  anciently  to 
have  been  sacrificed  to  Mania  the  mother  of  the  Lares  ;  but 
this  cruel  custom  was  abolished  by  Junius  Brutus,  Macrob, 
Sat,  i.  7-  on  the  9th,  LEMURIA,  to  the  Lemures,  hobgob- 
lins or  spectres  in  the  dark,  which  were  believed  to  be  the 
souls  of  their  deceased  friends,  f  manes  paterni).  Sacred 
rites  were  performed  to  them  for  three  nights,  not  succes- 
siv^lv^hut  nlternatiely  for  six  davs.  Ovid.  Fast"  v.  429.  on 

3r: 


362  ROMAN  ANTIQUITIES. 

the  13th,  oi'  the  ides,  the  images  of  thirty  men  made  of  rush- 
es, {simulacra  scirpea  virorumj^  called  ArgeU  were  thrown 
from  the  Sablician  bridge  by  the  Vestal  Virgins,  attended 
by  tlie  magistrates  and  priests,  in  place  of  that  number  of 
old  men,  which  used  anciently  to  be  thrown  from  the  same 
bridgtr  into  the  Tiber,  Festus  in  Depontani,  Far,  de  Lat* 
ling,  vii,  3.  Ovid.  Fast.  v.  621,  &c.  on  the  same  day  was 
the  festival  of  merchants,  C/estiim  mercatorumJ,  when  they 
offered  np  prayers  and  sacred  rites  to  Mercury  ;  on  the  23d, 
VULCANALIA,  to  Vulcan,  called  Tubilustria^  because 
then  the  sacred  trumpets  were  purified,  ibid.  725. 

6.  In  June,  on  the  kalends  were  the  festivals  of  the  god- 
dess Caen  A,  (^qu<s  vitalibus  humanis  pr(eerat)^  of  Mars 
Extramuraneus.,  whose  temple  was  without  the  Porta  Ca~ 
-pena^  and  of  Juno  Moneta  ;  on  the  4th,  of  Bellona  ;  on 
the  7th,  Ludi  Piscatorii ;  the  9th,  Vestalia,  to  Vesta  ; 
10th,  Matralia,  to  mother  Matuta,  &c.  With  the  fes- 
tivals of  June,  the  six  books  of  Ovid,  called  Fasti.,  end ; 
the  other  six  are  lost. 

7-  In  July,  on  the  kalends,  people  removed  Ccommigra-^ 
hant  (from  hired  lodgings,  Cic.  ad  Q  Fratr'  ii.  3-  Fam.  xiii. 
2.  Suet.  Tib,  35.  the  fourth,  the  festival  of  i^(?772a/(? /br^wwf, 
in  memory  of  Coriolanus  withdrawing  his  army  from  the 
city,  Liv'  ii.  40.  on  the  5th,  Ludi  Appollinares,  Xzt;. 
XXV.  12.  xxvii.  23-  the  12th,  the  birth-day  of  Julius  Caesar ; 
the  15th  or  ides,  the  procession  of  the  Fquites,  (see  p.  30.) 
the  16th,  DIES  ALLIENSIS,  on  which  the  Romans  were 
defeated  by  tlie  Gauls,  (^dies  ater  etfunestiisJy  Cic.  Att.  ix. 
5.  Suet-  Vit.  2.  the  23d,  Neptunalia. 

8.  In  August,  on  the  13th  or  ides,  the  festival  of  Diana  ; 
19th,  ViNALiA,  when  a  libation  of  new  wine  was  made  to 
Jupiter  and  Venus,  P/m«  xviii.  29.  18th,  Consualia, 
games  in  honour  of  Consiis  the  god  of  counsel,  or  oi Eques- 
trian Neptujie,  at  which  the  Sabine  women  were  carried  off 
by  the  Romans,  Liv.  i.  9.  the  23d,  Vulcanalia,  Plin. 
Ep.  iii-  5- 

9-  In  September,  on  the  4th,  {Prid-  Non.)  Ludi  Magni 
or  Rom  A  n  i,  in  honour  of  the  great  gods,  Jupiter,  Juno,  and 
Minerva,  for  the  safety  of  the  city  ;  on  the  13th,  the  consul 
or  dictator  {Pr^tor  Maximus')  used  anciently  to  fix  ^nail  in 


Roman  Festivals.  S6\ 

the  temple  of  Jupiter,  Liv.  vii-  3.  the  oOth,  Meditrina- 
LiA,  to  Mtditrina,  i^e  goddess  of  curing  or  healing,  {meden^ 
di)^  when  ihey  first  drank  new  wine- 

10.  In  October,  on  the  12'^h,  Augustalia,  vel  Ludi 
Augustates^  Tacit  Annal.  i.  15- the  13th,  Faun  alia  ;  the 
15th,  or  ides,  a  horse  was  sacrificed,  cilled  Equus  Octohris^ 
V  -ber^  because  Troy  was  supposed  to  have  been  taken  in 
this  month  by  means  of  a  horse-  The  tail  was  brought  uith 
great  speed  to  the  Rcgia  or  house  of  the  Pontiftx  M  that 
its  blood  might  dr'.jp  on  the  hearth,  Ffstus. 

11.  In  Noven^er,  on  the  13th,  there  was  a  sacred  feast 
called  Epiilum  Jovis  ;  on  the  27th,  sacred  rites  Avere  per- 
formed on  account  of  two  Greeks  and  two  Gauls,  a  m^n  and. 
%voman  of  each,  who  were  buried  alive  in  the  ox- market, 
Liv.  xxii.  57.  Plutarch,  guast-  83.  &"  m  3Iarcelio  ;  Piin, 
xxviii-  2.  s.  3. 

12.  In  December,  on  the  5th  or  nones,  FAUNALIA, 
Borat  Od-  iii.  18.  on  the  17th,  (xvi-  A^j/.  Jan.)  SATUR- 
]MALIA,  the  feasts  of  Saturn,  the  most  celebrated  of  the 
whole  year,  when  all  orders  were  devoted  to  mirth  and  feast- 
ing, friends  sent  presents  to  one  another.  Suet,  Aug-  75.  Fesp, 
19-  Stat.  S  Iv.  vi.  9-  and  masters  treated  their  slaves  upon 
an  equal  footing,  Horat.  Sit.  ii.  7-  at  first  for  one  day,  Liv. 
ii.  21.  xxii.  1.  afterwards  for  three,  and  by  the  order  of  Ca- 
ligula, for  five  days,  Dio.,  hx-  6.  Suet.  Claud.  17.  Macrob, 
Sat.  i.  10-  So  Claudlu^,  Dio^  Ix.  25-  Two  days  were  added, 
called  Sigillaria,  {a  sigillis)  from  small  images,  which 
then  used  to  be  sent  as  presenis,cspecially  by  parents  to  their 
children,  J/<2cro6.  ?6if/.  on  the  23d- Lauren  tin  alia,  in 
honour  of  Laurentia  Acca,  the  wife  of  Fausiuius,  and  nurse 
of  Romulus,  Varr.  L.  L.  v.  3. 

The  FERINE  CONCEPTIVzE,  which  were  annually 
appointed  iconcipiebantur  vel  indie tbantur)  by  the  rnagis- 
trates  on  a  certain  day,  were, 

1.  FERIiE  LATlNiE,  the  Latin  holidays,  (see  p.  73.) 
first  appointed  by  Tarquin  for  one  day,  Liv-  i.  55.  After  the 
expulsion  of  the  kings  they  were  continued  for  two,  then  for 
three,  and  at  last  for  f  ;ur  days,  Liv.  vi.  42.  The  consuls 
always  celebr.ted  the  Latin /cr^«  before  they  set  out  to  tiieir 
Ttrovinces  :  and  if  they  had  not  been  rigutly  performed,  or' 


;i64  ROMAN  ANTIQUITIES. 

if  any  thing  had  been  omitted,  it  was  necessary  that  they 
should  be  again  repeated,  (instaurar?,)  Liv.  passim. 

2.  Px\GANALIA,  celebrated  in  the  villages  (^m  pagisj 
to  the  tutelary  gods  of  the  rustic  tribes-  See  p.  85. 

3.  SEMENTIVi^,  in  seed-time  for  a  good  crop,  Farro 
ibid- 

4.  COMFIT  ALIA,  to  the  Lares,  in  places  where  seve- 
ral ways  met,  (^in  compiiis). 

FERIiE  IMPERATIVE,  were  holidays  appointed  oc- 
casionally  ;  as,  when  it  was  said  to  have  rained  stones.  Sa- 
crum NovENDiALE  \t\ferie per  nbvem  diesy  for  nine  days, 
Liv.  i.  31.  for  expiating  other  prodigies,  Liv.  iii-  5.  xxxv, 
40.  xlii-  2.  on  account  of  a  victory,  &.c,  to  which  may  be 
added  Justitium,  {cwmjura  stantj,  a  cessation  from  bu- 
siness on  account  of  some  public  calamity,  as,  a  dangerous 
war,  the  death  of  an  emperor,  &c.  Liv.  iii-  3,  27.  iv.  26,  31. 
vi.  2,  7.  vii.  6,  28.  ix.  7.  x.  4,  21.  Tacit:  Annal  ii-  82= 
SuppLicATio  et  Lectisternium,  &c.  See  p.  344. 

Fenx  were  privately  observed  by  families  and  individuals 
pn  account  of  birth-days,  prodigies,  &.c.  The  birth-day  of 
the  emperors  was  celebrated  with  sacrifices  and  various 
games,  as  that  of  Augustus  the  23d  September,  Dio-,  Iii.  8. 
26,  34.  The  games  then  celebrated  were  called  Augusta- 
11  A,  Dio,  Ivi.  29.  as  well  as  those  on  the  12th  October,  (iv. 
Id.  Octob.)  in  commemoration  of  his  return  to  Rome,  Dio^ 
liv.  10.  Ivi.  46-  which  Dio  says  continued  to  be  observed  in 
his  time,  under  Severus,  liv.  34. 

DIES  PROFESTI,  were  t\\h^v  Fasti  or  A'efasti,  &c. 
(See  p.  359-  jYudina,  quasi  A'ovejidindi,  (see  p.  91.  market- 
days  which  happened  «very  ninth  day  ;  when  they  fell  on 
the  first  day  of  the  year,  it  was  reckoned  unlucky,  Dio-  xl- 
47'  Macroh.  Sat.  i-  13-  and  therefore  Augustus,  who  was 
very  superstitious,  Suet-  Aug-  92-  used  to  insert  a  day  in  the 
foregoing  year  to  prevent  it,  which  day  was  taken  away  from 
the  subsequent  year,  that  the  time  might  agree  with  the  ar- 
rangement of  Julius  Caesar,  Dio.  xlviii-  33.  Pr^eliares, 
fighting  days,  and  7ion  prxliares  ;  as,  the  days  a/ter  the  ka- 
lends, nones,  and  ides ;  for  they  believed  there  was  some- 
thing  unlucky  in  the  word  posty  after,  and  therefore  they 
^yere  called  Dies  religiosit  atri  vel  in/austi ;  Ovid,  Fa^t,  i. 


Roman  Games.  iba 

58.  as  those  riays  were,  on  wliich  any  remarkable  disaster 
had  happened  ;  as,  DiesAUiensi.s.,  8ic  Lw.  vi  1-  The  ides 
of  Mareh,  ortlic  15th,  was  called  Parricidium  ;  because 
on  that  day,  Cre.sar,  who  had  been  called  Pater  Patri>il, 
was  slain  in  the  senate-house.  Suet-  C<es-  85-  &c  88.  Co«- 
clave^  in  quo  cixsusfiieraty  obstruction  et  in  latnnam  conver- 
sum,  Dio.  xlvii-  19- 

As  most  of  the  year  was  taken  up  with  sacrifices  and  holy 
days,  to  the  great  loss  of  the  public,  Claudius  abridged  their 
number,  Z)zo.  Ix- 17. 

ROMAN  GAMES. 

("^  AMES  among  the  ancient  Romans  constituted  a  part 
■  of  religious  worship^  They  were  of  different  kinds,  at 
different  periods  of  the  republic.  At  first  they  were  always 
consecrated  to  some  god  ;  and  \a  ere  either  stated,  {Ludi 
ST  ATI),  the  chief  of  which  ha\'e  been  already  enumerated 
among  the  Roman  festivals,  or  vowed  by  generals  in  war, 
( VOTIVT),  or  celebrated  on  extraordinary  occasions,  CEX- 
TRAORDlNARll). 

At  the  end  of  every  110  years,  games  were  celebrated  for 
the  safety  of  the  empire,  for  three  days  and  three  nights,  to 
Apollo  and  Diana,  called  Xwr/z  S.^CULARES.  (.S.-ep. 
189.)  But  tliey  were  notregularly  perxormedat  those periods- 

Ttie  most  famous  games  were  those  celebrated  in  the  Cir- 
cus Maximus  ;  hence  called  Ludi  Cir censes  ;  of  wliich  the 
chief  were  Ludi  Romani  vel  Magni,  Liv.  i.  Z5. 

I.  LUDI  CIRCENSES. 

npHE  Cireus  Maximus  was  first  built  by  Tarquinius  Pris- 
-*-  cus,  and  afterwards  at  different  times  magnificently 
adorned.  It  lay  betwixt  the  Palatine  and  Aventine  hills,  and 
was  of  an  ohlons  circular  form,  whence  it  had  its  name.  The 
length  of  it  was  three  stadia  or  furlongs  and  a  half,  i,  e.  4374: 
paces,  or  2187^  feet ;  the  breadth  little  more  than  one  sta- 
diuniy  with  rows  of  seats  all  round,  called  Fori  or  spectacula 
(i.  e.  sedilia  iinde  spectarent),  rising  one  above  another,  the 
lowest  of  stone  and  the  highest  of  wood,  where  separate 
places  were  allotted  to  each  Curia^  and  also  to  the  Senators 
and  to  the  Eq'uites:  but  these  last  under  the  republic  sat 
promiscuously  with  the  rest  of  the  people.  (See.  p.  8.)  It  is 


366  ROMAN  ANTIQUITIES. 

said  to  have  contained  at  least  150,000  persons,  Diont/s.  iii^ 
68.  or,  according  to  others,  above  double  that  number  ;  ac- 
cording to  Pliny,  250,000,  Flin-  xxxvi.  15-  s.  24.  Some 
moderns  say  380,000.  Its  circumference  was  a  mile.  It 
was  surrounded  with  a  ditch  or  canal,  called  Euripus^  ten 
feet  broad,  and  ten  feet  deep  ;  and  with  porticos  three  stories 
high  (««<«<  r^iitycti)  both  the  work  of  Julius  Csesar.  In  diffe- 
rent parts  there  were  proper  places  for  the  people  to.  go  in 
and  out  without  disturbance.  On  one  end  there  were  seve- 
ral openings,  (ostia),  from  which  the  horses  and  chariots 
started,  (emittebantur),  called  CARCERES  vel  Repngida^ 
and  sometimes  Career^  {quod  eqiios  coercebat,  ne  exirent, 
priusquam  magistratiis  signum  mitterit,  Varro  L.  L.  iv.  32.) 
first  built  A.  U.  425.  Liv.  viii-  20.  Before  the  carceres^ 
Stood  two  small  statues  of  Mercury,  {Hermuli)^  holding  a 
chain  or  rope  to  keep  in  the  horses,  Cassiodor.  Far.  Ep-  iii. 
51.  in  place  of  which  there  seems  sometimes  to  have  been  a 
white  line,  falba  lineaj,  or  a  cross  furrow  filled  with  chalk 
or  lime,  ibid,  at  which  the  horses  were  made  to  stand  in  a 
straight  row  ifrontibus  aquabantuf)^  by  persons  called  mo- 
ra tores,  mentioned  in  some  ancient  inscriptions.  But  this 
line,  called  also  Creta  or  Calx,  seems  to  have  been  drawn 
chiefly  to  mark  the  end  of  the  course,  or  limit  of  victory, 
iad  victori<e  notam)^  Plin*  xxxv.  17.  s.  58.  Isidor,  xviii.  37., 
to  which  Horace  beautifully  alludes,  Mors  ultima  linea  re=- 
rum  est,  Ep.  i.  16.  fin. 

On  this  end  of  the  Circus,  which  was  in  the  form  of  a  se- 
micircle, were  three  balconies  or  open  galleries,  one  in  the 
middle,  and  one  in  each  corner  ;  called  M^niana,  from 
one  Maenius,  who,  when  he  sold  his  house  adjoining  to  the 
Forum,  to  Cato  and  Flaccus  the  censors,  reserved  to  him  - 
self  the  right  of  one  pillar,  where  he  might  build  a  projection, 
whence  he  and  his  posterity  might  view  the  shews  of  gladia- 
tors, whiclf  were  then  exhibited  in  the  Forum,  Ascon,  in 
Cic,  Suet.  Cal.  18. 

In  the  middle  of  the  Circus^  for  almost  the  whole  length 
of  it,  there  was  a  brick  wall,  about  twelve  feet  broad,  and 
four  feet  high,  called  Spina,  Scholiast'  in  Juvenal-  vi.  587. 
Cassiod.  Ep-  iii.  51.  at  both  the  extremities  of  which  there 
were  three  columns  pr  pyramids  on  one  base,  called  ME 


"Roman  Games-  367 

T/E,  or  goals,  round  which  the  horses  and  chariots  turned, 
(Jfectcbant),  so  that  they  always  had  the  spina  and  vieta  on 
their  left  hand,  Ovid.  Am-  iii.  65.  Lucan.  viii.  200.  contrary 
totlie  manner  olrunning  among  us.  Whence  a  carceribua 
ad  metam  vel  calceniy  from  beginning  to  end,  Cic-  Am.  27. 
Sen.  23. 

In  the  middle  of  the  spina,  Augustus  erected  an  obelisk 
132  feet  high,  brought  from  itlgypt ;  and  at  a  small  distance 
another  88  feet  high.  Near  the  first  Meta,  whence  tlK?  horses 
set  ofF,  there  were  seven  other  pillars,  either  of  an  oval  form, 
or  having  oval  spheres  on  their  top,  called  OVA,  Farr-  de 
re  Rust.  i.  2.  11.  which  were  raised  or  rather  taken  down, 
itollebantur ,  ibid.)  to  denote  how  many  rounds  the  chario- 
teers had  completed,  one  for  each  round  ;  for  they  usually 
ran  seven  times  round  the  course.  Above  each  of  these  o- 
va  was  engraved  the  figure  of  a  dolphin.  These  pillars 
were  called  FAL-^^  or  PHALiE.  Some  think  there  were 
two  different  kinds  of  pillars,  one  with  the  figure  of  an  ovum 
on  the  top,  which  wTre  erected  at  the  Meta  prima  ;  and  an- 
other with  the  figure  of  a  dolphin,  which  stood  at  the  MHa 
ultima'  Juvenal  joins  them  together,  Consulit  ante  falas 
delphinorumqus  cohmmas^  vi.  589.  They  are  said  to  have 
been  first  constructed,  A.  U.  721,  by  Agrippa,  Die.  xlix- 
43.  but  otva  ad  metas  curriculis  mimerandis,  are  mentioned 
by  Livy  long  before,  A.  577.  xli.  27-  as  they  are  near  600 
years  after  by  Cassiodorus,  iii-  Fa?'.  Ep.  51.  The  figure  of 
an  egg  was  chosen  in  honour  of  Castor  and  Pollux,  (Dios- 
curi, i.  e.  Jove  nati,  Cic.  Nat.  D.  iii.  21.  agonum  presides)  ; 
and  of  a  dolphin  in  honour  of  Neptune,  Tertullian.  Spec- 
tac.  8.  also  as  being  the  swiftest  of  anitials,  Plin.  ix.  8. 

Before  the  games  began,  the  images  of  the  gods  were  led 
along  in  procebsion  on  carriages  and  in  frames,  {in  thensis 
€tfercuHs)y  Suet.  Jul.  76-  Ovid-  Amor-  iii.  2.  44.  or  on  men's 
shoulders,  with  a  great  train  of  attendants,  part  on  horseback, 
and  part  on  foot.  Next  followed  the  combatants,  dancers, 
musicians,  &.c.  When  the  procession  w^as  over,  the  con- 
suls and  priests  performed  sacred  rites,  Dionys.  vii.  72. 

The  shews  ispectacula)  exhibited  in  the  Circus  Maxi-^ 
mus  were  chiefly  the  following/. 

1.  Chariot  and  horse-races,  of  which  the  Romans  were  ex- 
tjavagantly  fond. 


368  ROMAN  ANTIQUITIES. 

The  charioteers  {agitatores  vel  aurigx)  were  distributed 
into  four  parties  (gregesJ  or  factions,  from  their  different 
dress  or  livery  ;  f actio  alha  vel  albata^  the  white ;  russata^ 
the  red;  veneta,  the  sky-coloured  or  sea-coloured  ;  and  pra- 
sina^  the  green  faction  ;  to  which  Domitian  added  two,  call- 
ed the  golden  and  purple,  {/actio  aurata  et  purpurea) ,  Suet. 
Domit.  7-  The  spectators  favoured  one  or  the  other  colour^ 
as  humour  or  caprice  inclined  them-  It  was  not  the  swiftness 
of  the  horses,  nor  the  art  of  the  men,  that  attracted  them  ; 
but  merely  the  dress ;  (Nuncfavent  panno^  pannum  a?nant)y 
Plin-  Ep.  ix-  6.  la  the  time  of  Justinian,  no  less  than  30,000 
men  are  said  to  have  lost  their  lives  at  Constantinople  in  a 
tumult  raised  by  contention  among  the  partizans  of  these 
several  colours,  Procop-  Bell-  Fers-  1- 

The  order  in  which  the  chariots  or  horses  stood  was  de- 
termined by  lot ;  and  the  person  v^ho  presided  at  the  games 
gave  the  signal  for  starting  by  dropping  a  napkin  or  cloih, 
nappa  vel  panno  misso.  Then  the  chain  of  the  Hermuli 
being  withdrawn,  they  sprung  forward,  and  whoever  first 
ran  seven  times  round  the  course  was  victor,  Propert.  ii. 
25.  26*  This  was  called  one  match,  {unus  MISSUS  -us)y 
for  the  matter  was  almost  always  determined  at  one  heat ; 
and  usually  there  were  twenty-five  of  these  in  one  day,  so 
that  when  there  vere  four  factions,  and  one  of  these  started 
at  eadi  time,  100  chariots  ran  in  one  day,  Serv.  in  Virg.  G* 
iii.  18-  {cejitum  quadrajugiJ,  sometimes  many  more  ;  but 
then  the  horses  commonly  went  only  five  times  round  the 
course,  Suet.  Claud,  21-  jYer.  22-  Domit-  4- 

The  victor  being  proclaimed  by  the  voice  of  a  herald, 
was  crowned,  Suet-  Calig  32.  Firg-  Mn.  iii.  245.  and  re- 
ceived a  prize  in  money  of  considerable  value,  Martial,  x. 
SO.  74.  Juvenal,  vii.  113- 

Palms  were  first  given  to  tlie  victors  at  games,  after  the 
manr.er  of  the  Greeks  :  and  those  who  had  received  crowns 
for  th' ir  br  ivery  in  war,  first  wore  them  at  the  ganries,  A.  U. 
459,  IjW  x*  47.  The  palm  tree  was  chosen  for  this  purpose, 
because  it  rises  against  a  weight  placed  on  it,  (adversus  pon- 
dusresurgity  et  sursum  nititury)  Gell-  iii-  6  Plin.  xvi-  42-  s. 
31.  12-  hence  put  for  any  tcken  or  prize  of  victory,  Horat. 
Od  i-  1.  5-  Juvenal-  xl-  181-  or  for  victory  itself,  Firg-  G- 


iii.  Ovid'  Tnst'  iv-  8-  19-  Palma  lemniscafa,  a  pnlm  crown 
witn  ribamlb,  {Icmm.sci)  hanging  down  from  it,  Cic-  Rose. 
Atn.  35.  Festus.  Huiv  consilio  palmam  do,  1  value  myself 
chiefly  on  account  of  this  contrivance,  Ttr.  Meant-  iv.  3-  31. 

2.  Contests  of  agility  and  strength,  of  wliich  there  were 
five  kinds  ;  running,  {cursus)  ;  leaping,  (saltusJ  ;  boxing, 
(pu^ilatus)  ;  wrestling,  pucta)  ;  and  t'nrovving  the  discus  or 
quoit,  (disci  jactus)  ;  hence  caiicd  Pcntathlum^  vel  -0/7, 
C Latine  Q_uiiiq\Ji.RTi\JU,  FestusO  ^r  Certamen  Athltti- 
cicm  vcl  Gymmcum^  because  they  contended  naked,  (-/j/a<.vo<), 
with  nothing  on  but  trou  sers  or  drawers,  {subligaribus  tan- 
turn  veiati),  whence  GYMNASIUM,  a  place  of  exercise, 
or  a  school.  This  covering,  which  went  from  the  waist  down- 
wards, and  supplied  the  place  of  a  tunic,  was  called  Cam- 
PESTRE,  Horat.Ep.  i.  11.  18.  (^c?i(^»i^»,  Paiisan.  i.  44.)  be- 
cause it  was  used  in  the  exercises  of  the  Campus  Martius, 
and  those  who  used  it,  Campestrati,  Augustin.  de  Civ.  Dei, 
xiv.  17.  So  anciently  at  the  Olympic  games,  Thucydid.  i.  6J 

The  Athletes  were  anointed  with  a  glutinous  ointment 
called  Ceroma,  Martial,  vii.  31.  9-  iv.  4.  &  19.  xi.  48; 
Juvenal.Vi. 245- whence liquida  palestra,  Lucan. ix. 661, 
Uncta  PALESTRA,  Ovid.  Ep.  xix.  11.  and  wore  a  coarse 
shaggy  garment  called  Endromis,  -idis^  Martial,  iv.  19. 
used  of  finer  stuff  by  women,  Juvenal,  ibid,  also  by  those 
who  played  at  that  kind  of  the  hand  ball  (pzVa),  called  Tri- 
GON  orHARPASTUM,  Martial,  ibid. 

Boxers  covered  their  hands  with  a  kind  of  gloves,  fchirO" 
theceJ^  which  had  lead  or  iron  sewed  into  them,  to  make  the 
strokes  fall  with  the  greater  weight,  called  C^stus  vel  cestus^ 
Virg.  iEn- v.  379.  400. 

The  combatants  {Athletac)  were  previously  trained  in  a 
place  of  exercise,  (in  palestra  vel  gymnasia)^  Plant.  Bacch- 
iii.  3.  14.  and  restricted  to  a  particular  diet,  Horat.  dc  Art, 
Po<?^.  413. 1  Corinth,  ix  ^S-  In  winterthey  were  exercised  in  a 
covered  place  cxiUed  XYSTUS,  vcl  -um,  surrounded  with  a 
row  of  pillars,  Peristylium,  Fitruv,  v.  2.  But  Xystum. 
generally  signifies  a  walk  under  the  open  air,  (ambulatio  Hy^ 
pcethra  vel  subdialis,  laid  w-ith  sand  or  gravel,  and  planted 
with  trees,  joined  to  a  Gi/mnasium,  Cic.  Att.  i-  8.  Acad,  iv. 
3,  Suet,  Aug.  72.  PUn.  Ep.  ii.  7.  Ix.  36^ 

3C 


<j7U  HOMAN  ANTIQUITIES. 

The  persons  thus  exercised  were  called  FakstriU^  oi 
Xy  stici ;  and  he  who  exercised  them  ,exercitator,  Plin. 
xxiii.  7.  S'  63.  Mugister  vel  Doctor  Palestricm^  Gymna- 
siarchusj  vel  -c,  Xyatarchusy  vel  -es.  From  the  attention  of 
Aiitony  to  gymnastic  exercises  at  Alexandria,  he  was  call- 
ed Gymnasiarcha  by  Augustus,  Dio^  1.  5.  27- 

Palestra  was  properly  a  school  for  wrestling,  (a  tosaj?, 
luctatio)^  but  isput  for  any  place  of  exercise,  or  the  exercise  it- 
self ;  hence  paUstram  disccre^  to  learn  the  exercise ;  Cec. 
Orat.  iii-  22.  These  gymnastic  games,  {gymnici  agones)^ 
were  very  hurtful  to  morals,  Plin.  iv.  22. 

The  Athletic  games  among  the  Greeks  were  called  ISE° 
LASTIC,Cfrom  ti(rsx»vvo>,invehor^)  because  the  victors,  Hie- 
ronicx^  Suet.  Ner.  24,  25  )  drawn  by  white  horses,  and  wear- 
ing  crowns  on  their  heads  :  of  olive,  if  victors  at  the  Olym- 
pic games,  Virg.  G.  iii.  18.  of  laurel  at  the  Pythian;  pars- 
ley at  the  Nemean  ;  and  of  pine  at  the  Isthmian,  were  con^ 
ducted  with  great  pomp  into  their  respective  cities,  which 
they  entered  through  a  breach  in  the  walls  made  for  that  pur- 
pose ;  intimating,  as  Plutarch  observes,  that  a  city  which 
produced  such  brave  citizens^  had  little  occasion  for  the  de- 
fence of  walls,  Fiin.  Ep-  x,  119.  They  received  for  life  an 
annual  stipend,  {opsonia,)  from  the  public,  z6z(/.  Sc  Fitruv.  ix. 

3'  LudusTroj/E,  a  mock  fight, performed  by  young  no- 
blemen on  horseback,  revived  by  Julius  C<esar,  Dio^  xliii, 
23.  Stiet.  19-  and  frequently  celebrated  by  the  succeeding 
Emperors,  Suet.  Aug,  43.  Tib.  6-  Cal.  18-  Claud.  21.  A^er. 
7.  Dio,  xlviii.  20.  li.  22.  &c.  described  by  Virgil,  JEn.  v. 
561.  &c. 

4.  What  was  called  Vena  TIG,  or  the  fighting  of  wild 
beasts  with  one  another,  or  with  men  called  Bestiarii,  who 
were  either  forced  to  this  by  way  of  punishment,  as  the  pri- 
mitive Christians  often  were  ;  or  fought  voluntarily,  either 
from  a  natural  ferocity  of  disposition,  or  induced  by  hire, 
(auctoramento^)  Cic-  Tusc  Quaest.  ii.  17-  Fam.  vii.  1.  Off. 
ii-  16.  Vat-  17.  An  incredible  number  of  animals  of  various 
kinds  were  brought,  from  all  quarters,  for  the  entertainment 
of  the  people,  and  at  an  immense  expense,  Cic.  Fam-  viii.  2, 
4,  §.  They  were  kept  in  enclosures,  called  vivaria,  till 


Roman  Games.  371 

the  (lay  of  exhibition.  Poihpey,  in  his  second  consulship, 
exhibited  at  once  500  hons,  who  vvtre  ail  dispatched  in  5 
days  ;  also  18  clcpliants,  Dio^  xxxix.  38.  Plm.  viii.  7. 

5.  The  representation  ota  horse  and  foot  battle,  and  also 
of  an  encampment  or  a  siege,  Suet.  Jul.  39.  Claud.  21.  Doriio 
4. 

6.  The  representation  of  a  sea  fight,  (Naumachia), 
which  was  at  first  made  in  the  Circus  Mixirnus^  Out  uftcr- 
wards  oftener  elsewhere-  Augustus  dug  a  lake  near  the  T  \\^tv 
for  that  purpose,  Sutt.  Aug.  43.  fiber-  72.  and  Domitian 
built  a  naval  theatre,  which  was  called  jXaumachiu  Domitia- 
m,  Suet.  Dom.  5.  Those  who  fought  v. ere  called  Alw- 
machiarii.  They  were  usually  composed  of  captives,  or 
condemned  malefactors,  who  fought  to  death,  unless  saved 
by  the  clemency  of  the  emperor,  Dio,  Ix.  ^^.  Suet.  Claud. 
21.  Tacit.  Annal.  xii.  56. 

If  any  thing  uiilucky  happened  at  the  games,  they  were 
renewed,  {instaurabantur)^  Dio,  Ivi-  27.  often  more  than 
once,  /(/.  Ix.  6. 

11.  SHEWS  OF  GLADIATORS. 

THE  shews(A/?£'c?a67^/i:i)  of  gladiators  were  properly  called 
Munera^  and  the  person  diat  exhibited  iedtbat)  them, 
Mancrarius^  vel  -ator.  Editor  et  Dotninus,  Cic-  Att.  ii.  19. 
who,  although  in  a  private  sration,  enjoyed,  during  the  days 
of  the  exhibition,  the  ensigns  of  magistracy,  Cic  legg.  ii.  24. 
They  seem  to  have  taken  their  rise  from  the  custom  of 
slaughtering  captives  at  the  tombs  of  those  slain  in  battle  to 
appease  their  manes,  Virg.  JEu.  x-  518. 

Gladiators  were  first  publicly  exhibited  {dati  sunt)  at  Rome 
by  two  brothers  called  Bruti  at  the  funeral  of  their  father,  A. 
U.  490.  Liv.  Epit-  xvi.  Valer.  Max.  ii.  4.  7-  and  for  some 
time  they  were  exhibited  only  on  such  occasions ;  but  after- 
wards also  by  the  magistrates,  to  entertain  the  people,  chiefly 
at  the  Saturnalia  and  feasts  of  Minerva.  Incredible  numbers 
of  men  were  destroyed  in  this  manner.  After  the  triumph  of 
Trnjan  over  the  Dacians,  spectacle^-  were  exhibited  for  123 
days,  in  which  1 1,000  animals  of  difFrent  kinds  vvere  killed  ; 
and  10,000  gladiators  fought,  Dio,  xlviii.  14.  whence  we 
may  judge  of  other  instances-    The  emperor  Glaudiiis.  al 


S72  ROMAN  ANTIQUITIES. 

though  naturally  of  a  gentle  disposition,  is  said  to  have  bceij 
rendered  cruel  by  often  attending  these  spectacles,  Dio.  Ix. 
14. 

Gladiators  were  kept  and  maintained  in  schools  {inludis) 
by  persons  called  LANISTiE,  who  purchased  and  trained 
them.  The  whole  number  under  one  Lanista  was  called 
Familia,  Suct.Jui.26.  Aug.  42.  They  were  plentifully  fed 
on  strong  food;  hence  Sagina  giadiatoria,  Tacit.  Hist.  ii.  88. 

A  Lanista,  when  he  instructed  young  gladiators,  Uirones) 
delivered  to  them  his  lessons  and  rules  fdwtata  et  leges  J  in 
writing,  Suet.  JtiL  26.  Juvenal,  xi.  8  and  then  he  was  said 
commentari,  Cic.  de  Orat.  iii.  23.  when  he  gave  over  his  em- 
ployment, a  gladiis  recessisse,  Cic.  Rose-  Am.  40. 

The  gladiators  vvhen  they  were  exercised,  fenced  v*ith 
wooden  swords,  frudrbus  batuehant ;  whence  batualia,  a  bat- 
tit),  Cic.  ibid.  Suet.  Cabg-  32.  54.  When  a  person  was  con- 
futed by  weak  arguments,  or  easily  convicted,  he  was  said, 
Plumbeo  gladiojugulari,  Cic.  Att.  i-  16.  Jugulo  hunc  suo  si- 
hi  gladioy  I  foil  him  with  his  own  weapons,  I  silence  him  with 
his  own  arguments,  Terrent-  Adeljjh.  v-  8,  34.  O  plumbeum 
pugionem  /  O  feeble  or  inconclusive  reasoning !  Cic,  Fm, 
iv.  18. 

Gladiators  were  at  first  composed  of  captives  and  slaves, 
or  of  condemned  malefactors.  Of  these  some  were  said  to  be 
ad  gladium  damnati^  who  were  to  be  dispatched  within  a 
year-  This,  however,  was  prohibited  by  Augustus,  {gladia- 
tores  sine  missione  edi  prohibuit),  Suet.  Aug.  45-  and  others, 
ad  ludum  damnati^  who  might  be  liberated  after  a  certain 
time.  But  afterwards  also  free-born  citizens,  induced  by 
hire  or  by  inclination,  fought  on  the  arena,  some  even  of  no- 
ble birth,  Juvenal,  ii-  43,  viii-  191,  &c.  I^iv.  xxviii-  2.  Suet» 
Ner.  12.  and  what  is  still  more  wonderful,  women  of  quali- 
ty. Tacit.  AnnaL  xv-  32.  Suet.  Domit.  4.  Juvenal,  vi.  254, 
&c.  and  dwarfs,  inani),  Stat.  Sylv.  I.  vi.  57- 

Freemen  who  became  gladiators  for  hire  were  said  esse 
auctorati,  Horat.  Sat-  ii-  7.  5.  and  their  hire,  auctor amentum y 
Suet.  Tib.  7.  or  gladiatorium,  Liv.  xliv.  31.  and  an  oath  was 
administered  to  them.  Pet.  Arbiter,  117. 

Gladiators  were  distinguished  by  their  armour  and  man- 
p.er  of  fighting*  Some  were  called  Secutores,  whose  arms 


KoMAN  Games.  373 

were  an  helmet,  a  shield,  and  a  sword,  or  a  leaden  bullet, 
(maisa  plumbea),  Isidor.  xviii-  55-  With  them  were  usual- 
ly matched  icommittebantur  vel  componebantiir)  the  RETI- 
ARII.  A  coiubatuiu  ol  this  kind  was  dressed  in  a  short  tu- 
nic, but  wore  nothing  on  his  head.  Suet-  Ca/ig.  30.  Claud. 
34.  Juvenal,  viii.  205.  He  bore  in  his  left  hand  a  three- 
pointed  lance  called  Trtdens  or  Fusclna^  and  in  his  right  a 
net,  (rete),  with  which  he  attempted  to  entangle  {irretire) 
his  adversary,  by  casting  it  over  his  head,  and  suddenly 
drawing  it  together,  and  then  \vith  his  trident  he  usually  slew 
him.  But  if  he  missed  his  aim,  by  either  throwing  the  net 
too  short,  or  too  far,  he  instantly  betook  himself  to  flight, 
and  endeavoured  to  prepare  his  net  for  a  second  cast;  while 
his  antagonist  as  swiftly  pursued,  (whence  the  name  Sectt- 
tor),  to  prevent  his  design  by  dispatching  him- 

Some  gladiators  were  called  Mirmillones,  (a  f^o^i^v^of^ 
piscisJ,  because  they  carried  the  image  of  a  fish  on  their  hel- 
met;  hence  2i  JRetiarius,  when  engaged  with  one  of  them, 
said,  "  I  do  not  aim  at  you,  I  throw   at  your  fish,"  (Non 

TE     PETO,    PISCEM    PETO  :    QuiD  ME    FUGIS,    GaLLE  ?) 

Festus.  The  Mirmxllo  was  armed  like  a  Gaul,  with  a  buck- 
ler Cparma  vel  peltaj  and  a  hooked  sword  or  cutlass,  fsica 
vel  hxirpe^  i.  e.  gladio  incurvo  etfalcato)^  and  was  usu.Jly 
matched  u  ith  a  Thracian,  (Threx  vel  Thr  ax,  i.  e.  Thre- 
cidicis  armis  ornatus),  Cic-  Phil.  vii.  6-  Liv.  xli.  20.  Horat. 
Sat.  ii-  6.  44.  Suet.  Cal.  32.  Juvenal-  viii.  201-  Auson.  in 
Monosyll.  102.  Quis  Myrmilloni  componitur  aqidmanus  ? 
Threx- 

Certain  gladiators  from  their  armour  were  called  Samni- 
TEs,  Liv.  ix.  40.  Cic-  Sext.  64-  and  A^o  Hoplomachi,  Suet. 
Cahg-  35-  Some  Dimachieri,  because  they  fought  with  two 
swords  ;  and  others  Laquearii,  because  they  used  a  noose 
to  entangle  their  adversaries,  Isidor-  xviii.  56. 

There  was  a  kind  of  gladiators  who  fought  from  chariots, 
{ex  essedis),  after  the  manner  of  the  Britons  or  Gauls,  called 
EssEDARii,  Cic.  Fam.  vii.  6.  Suet.  Cal.  35.  Cas-de  B-  G. 
V.  24.  and  also  from  horseback,  with,  what  was  curious, 
their  eyes  shut,  {clausis  oculis)^  who  were  called  Andaba- 
T/E,,  Cic.  Fam.  vii.  10.  ilcncc  Andabatarum  inore pugnare^ 
to  fight  in  the  dark  or  bl'Midfold,  Hieronym. 


374  ROMAN  ANTIQUITIES. 

Gladiators  who  were  substituted  Uupponebanttir^  in  place 
of  those  who  were  conquered  or  fatigued,  were  called  Sup- 
posiTiTii,  or  SuBDiTiTii,  ili[/rif;a/.  v-  25,  8.  Those  who 
were  asked  by  the  people,  from  the  Emperor,  on  account  of 
tlieir  dexterity  and  skill  in  fighting,  were  called  Postula- 
TiTii :  Such  were  maintained  at  the  Emperor's  private 
charge,  and  hence  called  Fi  scales  or  Casariani.  Those 
who  were  produced  and  fought  in  tiie  ordinary  manner,  were 
called  Ordinarii,  Suet.  Aug.  44.  Domit.  4- 

When  a  number  fouglit  together,  (gregatim,  temere  ac 
sine  arte) f  and  not  in  pairs,  they  were  called  Catervarii, 
Suet.  Aug.  45.  Cal.  30.  Those  produced  at  mid-d  ;y,  who 
were  generally  untrained, Meridiani,  Senec.  Epist.  7.  Su- 
et, Claud.  34. 

The  person  who  was  to  exhibit  gladiators  (editor)  some 
time  before  announced  the  shew,  ^munus  edictbat^  Sen^  c. 
Ep.  117.  ostendebat^  prominciabary  proponebat,  ^c.  Cic. 
Fam.  ii.  8.  ix.  8.  Suet.  Jul.  26-  Tit  8)  by  an  advertisement 
or  bill  pasted  up  in  public,  {per  libellum  publice  ajjixuni)^ 
in  which  he  mentioned  the  number  and  names  ol  the  most 
distinguished  gladiators.  Sometimes  these  things  seem  to 
have  been  represented  in  a  picture,  HoraV  Sat.  ii.  7.  95. 
Plin.  XXXV.  7,  s.  Q>'2>. 

Gladiators  were  exhibited  sometimes  at  the  funeral  pile, 
often  in  the  Forum^  which  was  then  adorned  with  statues  and 
pictjires,  Cic.  Verr.  i.  22.  but  usually  in  an  Amphitheatre, 
so  called,  because  it  was  seated  all  around,  like  two  thea- 
tres joined,  Plin.  xxxvi.  14.  16,  &c. 

AMPHITHEATRES  were  at  first  temporary,  and  made 
of  wood.  The  first  durable  one  of  stone  was  built  by  Stati- 
lius  Taurus  at  the  desire  of  Augustus,  Suet.  Aug.  29.  which 
seems  likewise  to  have  been  partly  of  wood-  The  largest  am- 
phitheatre was  tliat  begun  by  Vespasian  and  completed  by 
Titus,  now  called  Coliseum, from  the  colossus  or  large  sta- 
tue of  Nero  which  stood  near  it.  It  was  of  an  oval  form,  and 
is  said  to  have  contained  87,000  spectators.  Its  ruins  still  re- 
main. The  place  where  the  gladiators  fought  was  called 
Arena,  because  it  was  covered  with  sand  or  saw-dust,  to 
prevent  the  gladiators  from  sliding,  and  to  absorb  the  blood ; 
sind  the  persons  who  fought,  Arenarii,    But  arena  is  also 


Roman  Games.  375 

put  for  the  whole  ampiiit'.ieatro,  or  tlie  shew,  Juvenal,  iii.  34. 
also  fr)rlhe  seat  of  war  ;  Frima  dvUis  arena  Italia  fuityVlor . 
iii.  20,  21.  iv.  2.  thus  Lucan,  vi  63.  or  for  one's  peculiar 
province,  P/m.  Ef).  vi-  12  So  Cave  a,  for  a  theatre  or  am- 
phithentre,  St/et.  Au^.  44.  Claud.  2\  Cic.  Amic-  24.  Plant* 
Amph  fjrol-  65-  Consessuseavecey  the  spectators,  Fir^.  j¥,n' 
V.  340.  But  CAVE  A  properly  signilies  ;i  place  where  wild 
be-sts  were  C(^n'.!necl,  Suet.  Cal.  27.  Horat-  Art-  P.  473. 
Marhal.  ix.  90-  Plin-  xxxvi,  5. 

The  part  next  the  arena  was  called  Podium,  where  the 
sC'iitors  sat,  and  the  ambassa:lors  of  foreign  nations  ;  and 
where  also  was  the  place  of  the  emperor,  (Sitgcestus,  vel 
-um.^  elevated  like  a  pulpit  or  tribunal.  Suet.  Jul.  76-  Plin* 
Paneg-  51.  and  covered  with  a  canopy  like  a  pavilion,  (Cu- 
bic it'LUM  vel  papilio,  Suet.  Ner.  12.)  likewise  of  the  person 
who  exhibited  the  games,  {Editoris  Tribimal)^  and  of  the 
Vestal  Virgins,  Suet  Aug  44. 

The  Podium  projected  over  the  wall  which  surrounded 
the  arena,  and  was  raised  between  twelve  and  fifteen  feet  a- 
bove  it ;  secured  with  a  breast- work  parapet  (hrica)  against 
the  irruption  of  wild  beasts.  As  a  further  defence,  the  arena 
was  surrounded  with  an  iron  rail,  (ferreis  clathris),  and  a  ca- 
nal. Ceurifjo),  Plin.  viii-  7. 

The  Enuites  sat  in  fourteen  rows  behind  the  senators. 
The  seats  {^radus  vel  seddia)  of  both  were  covered  with 
cu-hions,  (.pulrnllis),  Juvenal,  iii.  152.  first  used  in  the  time 
of  Caligula,  Z)zo.  lix.  7.  Tlie  rest  of  the  people  sat  behind  on 
the  bare  stone,  and  <.heir  seats  were  called  Popularia, 
Suet-  Claud  25  Dom-  4.  The  entnmce  to  these  seats  were 
called  VoMiTORiA  ;  the  passages  fvi(c)by  which  they  as- 
cended to  the  seats  were  called  Scal(S  or  Scalaria  ;  and  the 
seats  between  two  passages,  were  trom  their  form,  called 
Cuneusy  a  wedge,  Juvenal  vi.  6 1-  Suet.  Aug-  44.  For,  like 
tiie  section  of  a  circle,  this  space  gradually  widened  from 
the  arena  to  the  top.  Hence  Cuneis  innotuit  res  omnibus^  to 
all  the  spectators,  Ph(edr-  v-  7,  35 

Sometimes  a  particular  place  was  publicly  granted  to  cer- 
tain persons  by  way  of  honour,  Cic.  Phil  ix-  7-  and  the 
Editor  seems  to  have  been  allowed  to  assign  a. more  honour, 
able  scat  to  any  person  he  inclined,  Cir.  Atf.  'n-  T- 


376  ROMAN  ANTIQUITIES. 

There  were  certain  persons  called  Designa tores  or 
.Dissignatores^  masters  of  ceremonies,  who  assigned  to  eve- 
ry one  his  proper  place,  Plant.  Fanul.  prolong-  19.  Cic^ 
Att'  iv.  3.  as  undertakers  did  at  funerals,  Hurat.  Epist.  i.  7» 
6.  and  when  they  removed  any  one  from  his  place,  they 
were  said,  etim  excitare  vel  suscitare.  Martial-  iii-  95-  v.  14. 
vi-  9-  The  Designatores  are  thought  by  some  to  have  been 
the  same  with  what  were  called  Locarii,  {quia  sedes  vel 
spectacula  locabant-  But  these,  according  to  others,  pro- 
perly were  poor  people,  who  came  early  and  took  possession 
of  a  seat,  which  they  afterwards  parted  with  to  some  rich 
person  who  came  late,  for  hire,  MartiaL  v.  25. 

Anciently  women  were  not  allowed  to  see  the  gladiators, 
without  the  permission  of  those  in  whose  power  they  were, 
Valer-  Max.  vi.  3,12-  But  afterwards  this  restrictiori  was 
removed.  Augustus  assigned  them  a  particular  place  in  the 
highest  seats  of  the  amphitheatre,  Suet,  Aug.  44.  Ovid.  A- 
Tnor.  ii.  7,  3. 

There  were  in  the  amphitheatres  secret  tubes,  from  which 
the  spectators  were  besprinkled  ^^ith  perfumes,  (^croco  di- 
luto  ant  aliisfragrantibus  liqiiori.bus.  Martial,  v  26.  &  de 
spect-  3-  issuing  from  certain  figures,  (sign a,)  Lucan.  ix. 
808-  and  in  rain  or  excessive  heat  there  were  coverings  ivela 
vel  velaria  to  draw  over  them,  Juvenal-  iv-  122.  For  which 
purpose  there  were  holes  in  the  top  of  the  outer  wall,  in 
which  poles  "were  fixed  to  support  them*  But  when  the 
wind  did  not  permit  these  coverings  to  be  spread,  they  used 
broad- brimmed  hats  or  caps  icausi^  yel  pilei)  and  umbrel- 
las, Bto  lix-  7.  MartiaL  xiv.  27,  28- 

By  secret  springs,  certain  wooden  machines  called  Pe  g  - 
M  ATA,  vel  -rfne^  were  raised  to  a  great  height,  to  appearance 
spontaneously,  and  elevated  or  depressed,  diminished  or 
enlarged  at  pleasure,  Martial-  Spect-  ii.  16'  viii.  33-  Senec. 
Epist.  88-  Suet.  Claud.  34.  Gladiators  were  sometimes  set 
on  them,  hence  called  Pegmares^  Suet-  Cal-  26-  and  boys, 
\^et  pucros  inde  ad  velaria  r«p?Oi),  Juvenal,  iv.  122.  But  peg- 
mata  is  put  by  Cicero  for  the  shelves  Cpro  loculis)  in  which 
books  were  kept,  Att  iv-  8. 

Nigh  to  the  amphitheati*e  was  a  place  called  Spoliari- 
uw,  to  which  those  who  were  killed  or  mortally  wounde(5 


Roman  Games.  377 

were  dragged  by  a  hook,  {imco  trakebantun,  Plin.  Pancg. 
36.  Sencc-  Epist.  93.  Lampricl-  in  Comniod-  fin. 

Oil  tlie  day  of  the  exhibition  the  gladiators  were  led  along 
the  arena  in  procession.  Then  they  Avere  matched  by 
pairs,  {paria  inter  se  componedantur,  vel  comparabantur), 
Horat-  Sat.  I.  vii.  20.  and  their  swords  examined  {explora- 
{bantur  by  theexhibiter  of  the  games,  Suet,  Tit.  9. 

The  gladiators,  as  a  prelude  to  the  battle,  {prccludentes  vel 
proludentesj ,  at  first  fought  with  wooden  swords  or  the  like, 
nourishing  fventilantesJ  their  arms  >vith  great  dexterity, 
Cic.  de  Orat'  ii-  73-  Senec-  Ep-  117.  Ovid- Jrt.  Am.  iii. 
515,  589-  Then  upon  a  signal  given  with  a  trumpet,  {^sona- 
bant  f trail  clangors  tubce^  Quinctilian.  v.  14.)  they  laid  aside 
tliese,  (arma  lusoria^  rudes  vel  gladios  hebetes  ponebant^  v- 
abjiciebant)y2iV\d  assumed  their  proper  arms,  (arma  pugnato- 
ria,  vel  decretoria^  i.  e.  gladios  acutos  sumebantJ^  ibid.  ; 
&  Suet.  Cal.  54.  They  adjusted  themselves  ^se  ad  pug- 
nam  componebant,  Gell-  vii.  3-)  with  great  care,  and  stood 
in  a  particular  posture,  <m  statu  \d.  gradu  stabant),  Plaut- 
Mil.  iv.  9.  12-  Hence  mover i^  dejiciy  vel  deturbari  de  s^atu 
mentis  depelli^  dejici,  vel  demoveri  gradu,  &c.  Cic-  Off.  y. 
23.  Att.  xvi.  15.  Nep.  Themist.  5-  Liv  vi.  32.  Then  they 
pushed  at  one  another  (petebant)  and  repeated  the  thrust, 
{repetehant)  Suet.  Cal.  58.  They  not  only  pushed  with 
the  point,  (puncttm),  but  also  struck  with  the  edge,  {aesim). 
It  was  more  easy  to  parry  or  avoid  (cavere,  propulsare,  ex- 
ire,  effugere,  excedere,  eludere'),  direct  thrusts,  (ictus  adver- 
SOS,  et  rectas  ac  simplices  maniis),  than  back  or  side  strokes, 
(manus  vel  petitiones  adversas  tectasque'),  Qidnctilian.  v. 
13.  ix.  1.  Virg.  ix.  439.  Cic.  Cat.  \-  6.  They  therefore 
took  particular  care  to  defend  their  side,  Qatus  tegere) ; 
hence  latere  tecto  abscedere,  to  get  off  safe,  Ter.  Heaut.  iv. 
2.  5.  Per  alterius  latus  peti,  Cic-  Vat.  5.  Latus  apertuni 
vel  nudum  dare,  to  expose  one's  self  to  danger,  Tibull.  i.  4, 
46-  Some  gladiators  had  the  faculty  of  not  winking.  Two 
such  belonging  to  the  emperor  Claudius  were  on  that  account 
invincible,  Plin.  xi.  37.  s.  54.  Sen€c.  de  Ir.  ii  4. 

Wlien  any  gladiator  was  wounded,  the  people  exclaimed, 
Habet,  sc.  vulnus,  vel  hoc  habet,  he  has  got  it.  The  gla- 
diator lowered  (mhmiftebat)  his  arms  as  a  sign  of  his  being 

3D 


378  ROMAN  ANTIQUITIES. 

vanquished  ;  but  his  fate  depended  on  the  pleasure  of  the 
people,  who,  if  thev  wished  him  to  be  saved,  pressed  down 
their  thumbs,  ipolltcem  premebant)^  Horat.  Ep,  i-  18.  66.  if 
to  be  slain,  they  turned  up  their  \h\imbs,{pollicemvertebant), 
Juvenal-  iii.  2)Q-  (hence  laudare  utroque  pollice^  i.  e.  vulde^ 
Horat-  Ep-  i-  18,  66,  Plin.  28,  2.  s  5)  and  ordered  him  to 
receive  the  sword  [fh'rum  recipere),  which  gladiators  usual- 
ly submitted  to  with  amazing  fortitude,  Cic.  Sext.  37.  Tunc. 
li.  17.  Ml-  34.  Smec.  Ep.  7,  ^  177-  de  Tranquil.  Animi, 
c.  11.  Const.  Sap.  16.  Sometimes  a  gladiator  was  rescued 
f^y  the  entrance  of  the  emperor,  Ovid,  de  Pont.  ii.  8,  53.  or 
by  the  will  of  the  Editor. 

The  rewards  given  to  the  victors  were  a  palm,  Martial,  de 
Sped.  32-  Hence  plurimarum  palmarum  gladiator.,  who  had 
frequently  conquered  ;  Cic.  Rose.  Am.  6.  Alias  suas  palmas 
cognoscet,  \.  e.  cxdes,  ibid.  30.  Palma  lemniscata^  a  palm 
crown,  with  ribands  Uemmsci)  of  different  colours  hanging 
from  it,  ibid.  35-  Festus.  Sexta  palma  urbana  etiam  in  Gla- 
diator e  difficilis.,  Cic.  Phil-  xi.  5. — money,  Suet-  Claud.  21. 
Juvenal,  vii-  ult  and  a  rod  or  wooden  sword,  (rudis),  as  a 
sign  of  their  being  discharged  from  fighting  ;  which  was 
granted  by  the  Editor,  at  the  desire  of  the  people,  to  an  old 
gladiator,  or  even  to  a  novice  for  some  uncommon  act  of 
courage.  Those  who  received  it  ^rude  donatiJ  were  called 
RuDiAR  II,  and  fixed  their  arms  in  the  temple  of  Hercules, 
Horat.  Ep'  i.  1.  Ovid.  Trist-  iv.  8,  24.  But  they  sometimes 
were  afterwards  induced  by  a  great  hire,  {ingente  auctora- 
mento)  again  to  engage,  Suet.  Tib.  7'  Those  who  were  dis- 
missed on  account  of  age  or  weakness,  were  said  delusisse, 
Plin.  xxxvi.  27. 

The  spectators  expressed  the  same  eagerness  by  betting 
(sponsionibusJ  on  the  different  gladiators,  as  in  the  Circus, 
Suet.  Tit.  8.  Domit.  10.  Martial,  ix.  68. 

Till  the  year  693,  the  people  used  to  remain  all  day  at  an 
exhibition  of  gladiators  without  intermission  till  it  was  finish- 
ed ;  but  then  for  the  first  time  they  were  dismissed  to  take 
dinner,  Dio,  xxxvii.  46.  which  custom  was  afterwards  ob- 
served at  all  the  spectacles  exhibited  by  the  emperors,  ibid. 
€t  Suet.  Horace  calls  intermissions  given  to  gladiators  in 
the  time  of  fighting,  or  a  delay  of  the  combat,  Diludia, 
'Orurnj  Ep.  i.  19, 47.  &.  Scholiast,  in  loc. 


Dramatic  Entertainments.  379 

iSlicws  of  gladiators,  fcrucnta  sprctaculaj  were  prohilDi- 
led  by  Constantiiic,  Cod.  \\.  43.  but  notentirtly  suppressed 
till  the  timeof  Honorius,  Prudent,  contra  Symmach.  ii.  11, 
21. 

HI.  DRAMATIC  ENTERTAINMENTS. 

DRAMATIC  entertainments,  or  stage-ph^ys  Cludi  scem- 
ci).,  were  first  intnKluccd  at  R(>me,  on  account  of  a 
pestilence,  to  appease  the  divine  Mrath,  iN  .  U.  391.  Liv.  vii. 
2.  Before  that  time  there  had  only  been  the  games  of  the 
Circus.  They  were  called  LUDI  SCENICI,  because  they 
were  first  acted  in  a  shade,  {o-kix,  umbra).,  formed  by  the 
branches  and  leaves  of  traes,  Ovid,  de  Art.  Am.  i.  105.  Strv. 
in  Firg.  Ajln.  i.  164-  or  in  a  tent,  (o-xjjvjj,  tahernaculum')  ; 
hence  afterwards  the  front  of  the  theatre,  where  the  actors 
stood,  was  called  Scena,  and  the  actors,  SCENICI,  Suet. 
Tib.  34.  Cic.  Plane  11.  Ferr.  iii.  79.  or,  Scenici  i\RTi- 
?icEs,  Suet.  Cces.^i- 

Stage- plays  \vere  borro^^'ed  from  Etruria  ;  whence  play- 
ers CludmuesJ^  were  called  Histriones,  from  a  Tuscan 
word  hister,  i.  e.  ludio  ;  for  players  also  were  sent  for  from 
that  country,  Liv.  vii.  2- 

These  Tuscans  did  nothing  at  first  but  dance  to  a  flute,  {ad 
tihicinis  modosJ ,  without  any  verse  or  corresponding  action. 
They  did  not  speak,  because  the  Romans  did  not  under- 
stand their  language,  ibid. 

The  Roman  youth  began  to  irhitate  them  at  solemn  festi- 
vals, especially  at  harvest  home,  throwing  out  raillery  against 
one  another  in  unpolished  verse,  with  gestures  adapted  to 
the  sense.  These  verses  were  called  Versus  Fescennini, 
from  Fescennia^  or  -ium^  a  city  of  Etruria,  Horat.  Epist.  IL 
i.  145. 

Afterwards  by  frequent  use,  the  entertainment  was  im- 
proved, Cs^epius  usurpando  res  excitata  est),  and  a  new  kind 
of  dramatic  composition  was  contrived,  called  SATYR/E, 
or  Saturn,  Satires^  because  they  were  filled  with  various 
matter,  and  written  in  various  kinds  of  verse,  in  allusion  to 
what  was  called  Lanx  Satur  a,  a  platter  or  charger  filled 
with  various  kinds  of  fruits,  \^  hich  they  yearly  offered  to  the 
gods  at  their  festivals,  as  the  Primiti.^  or  first  gatherings  qC 


380  ROMAN  ANTIQUITIES. 

the  season.    Some  derive  the  name  from  the  petulance  of 
the  Satyrs. 

These  satires  were  set  to  music,  and  repeated  with  suita- 
ble gestures,  accompanied  with  the  flute  and  dancing. 
They  had  every  thing  that  was  agreeable  in  the  Fescennine 
verses,  without  their  obscenity.  They  contained  much  ri- 
dicule and  smart  repartee ;  whence  those  poems,  afterwards 
written  to  expose  vice,  got  the  name  of  satires  ;  as,  the  sa- 
tires of  Horr.ce,  of  Juvenal,  and  Persius. 

It  was  LIVIUS  ANDRONICUS,  the  freed-man  of  M. 
Livius  Salinator,  and  the  precc  ptor  of  his  sons,  who,  giving 
up  satires,  {ahsaturis^  i.  e.  saturis  relictis)^  first  ventured  to 
write  a  regular  play,  {argummto  fabulam  serere^J  A.  U. 
512,  some  say,  514  ;  the  year  before  Enhius  was  born,  Cic, 
Brut'  18.  above  160  years  after  the  death  of  Sophocles  and 
Euripides,  and  about  fifty-two  years  after  that  of  Menander, 
Gell'  xvii-21. 

He  was  the  actor  of  his  own  compositions,  as  all  then 
were.  Being  obliged  by  the  audience  frequently  to  repeat 
the  same  part,  and  thus  becoming  hoarse,  kquum  vocem  ob- 
tudisset)y  he  asked  permission  to  employ  a  boy  to  sing  to 
the  flute,  whilst  he  acted  what  was  sung  {canticum  agebat), 
which  he  did  with  the  greater  animation,  as  he  was  not  hin- 
dered by  using  his  voice.  Hence  actors  used  always  to  have 
a  person  at  hand  to  sing  to  them,  and  the  colloquial  part  {di- 
verbia)  only  was  left  them  to  repeat,  Liv.  vii.  2.  It  appears 
there  was  commonly  a  song  at  the  end  of  every  act,  Plant, 
Pseud,  ii.  ult. 

Plays  were  afterwards  greatly  improved  at  Rome  from 
the  model  of  the  Greeks,  by  N^evius,  Ennius,  Plau- 
Tus,  C^ciLius,  Terence,  Afranius,  Pacuvius, 
Accius,  8ic. 

After  playing  was  gradually  converted  into  an  art,  Uudus 
in  artem  paulatim  verterat)^  the  Roman  youth,  leaving  re- 
gular plays  to  be  acted  by  professed  players,  reserved  to 
themselves  the  acting  of  ludicrous  pieces  or  farces  interlard- 
ed with  much  ribaldry  and  buffoonery,  called  P^XODIA, 
Juvenal,  iii.  175.  vi.  71.  Suet'  Tib.  45.  Domit-  10.  because 
they  were  usually  introduced  after  the  play,  when  the  play- 
eta  «md  musicians  bad  left  the  stage,  to  remove  the  painful 


Dramatic  Entertainments^  381 

impressions  of  tragic  scenes.  Scholiast,  in  Juvenal,  iii.  175. 
or,  Fabell^  Atellan^e,  jL'U.  vii.  2.  or,  Ludi  Osci» 
Cic.  Fam.  vii.  1.  Ludicrum  Oscum,  Tacit.  Annal-  iv,  14. 
from  Atellii^  a  town  of  the  Oaci  in  Campania,  where  they 
were  first  invented  and  very  much  used. 

The  actors  of  these  f  jrces  Littellani  vel  Attdlanarum  ac- 
tores),  retained  the  rights  of  citizens  (non  tnbu  muti  ,sunt)^ 
and  might  serve  in  the  army  ;  which  was  not  the  case  with 
common  actors,  \vIio  were  not  respected  among  the  Romans 
as  among  tlv  Greeks,  but  were  held  infamous,  Ulpian'  1.  2, 
§.  5.  D.  de  his  qui  not-  in/am. — .Yep.  Pr(xfat.  Suet-  Tib.  35, 

Dramatic  entertainments,  in  their  improved  state,  were 
chiefly  of  tliree  kinds.  Comedy^  Tragedy ^  and  Pantomimes. 

I.  Comedy  (COMQiDlA,  quasi  ^^^m^  v^>}>  the  song  of  the 
vilLige,)  was  a  representation  of  common  hfe,  {quotidians 
vita  speculum)^  written  in  a  familiar  style,  and  usually  with 
a  happy  issue.  The  design  of  it  was  to  expose  vice  and  fol- 
ly to  ridicule. 

Comedy,  among  the  Greeks,  was  divided  into  old,  middle, 
and  new.  In  the  first,  real  characters  and  names  were  repre- 
sented ;  in  the  second,  real  characters,  but  fictitious  names ; 
and  in  the  third,  both  fictitious  characters  and  names.  Eu- 
polls,  Crafinus,  and  Aristophanes  excelled  in  the  old  come- 
dy, and  Menander  in  the  new,  Herat.  Sat.  i-  4.  Epist-  ii.  1, 
57.  Quinctilian.  x.  1.  Nothing  was  ever  known  at  Rome 
but  the  new  comedy. 

The  Roman  comic  writers,  Nasvius,  Afranius,  Plautus, 
Caecilins,  and  Terence,  copied  from  the  Greek,  chiefly  from 
MENANDER,  who  is  esteemed  the  best  writer  of  come- 
dies that  ever  existed,  Quinctilian.  x-  1-  but  only  a  few  frag- 
ments of  his  works  now  remain.  We  may,  however,  judge 
of  his  excellence  from  Terence,  his  principal  imitator. 

Comedies,  among  the  Romans,  were  distinguished  by  the 
character  and  dress  of  the  persons  introduced  on  the  stage. 
Thus  comedies  were  called  Togat^,  in  which  the  charac- 
ters and  dress  were  Roman,  from  the  Roman  toga^  Juvenal. 
i-  3.  Horat.  Art-  Poet.  288.  so  carmen  togatumy2i\iotv[\  about 
Roman  affairs,  Stat.  Silv.  ii.  7,  53.  Pr^textat^,  vel 
Pratexta.,  when  magistrates  and  persons  of  dignity  were 
introduced  ;  but  some  take  these  for  tragedies,  ibid.  Tra* 


582  ROMAN  ANTIQUITIES. 

BEATiE,  when  generals  and  officers  were  introduced,  Suet. 
Gramm.  21.  TASERNARiyE,  whtn  the  characters  vvtre  of 
low  rafik,  Horat,  Art,  Poet.  225.  Palliate,  when  the 
characters  were  Grecian, from  pallium^  the  robe  of  the  Greeks. 
MoTOK  i^,  when  there  were  a  great  many  striking  incidents, 
much  action,  and  passionate  expressions.  SxAXARiiE, 
when  there  was  not  much  bustle  or  stir,  and  little  or  nothing 
torgitate  the  passions  ;  and  Mixt^,  when  some  parts  were 
gentle  and  quiet,  and  others  the  contrary,  T-^rent.Heaut.proL 
36  Donat,  in  Terent.  Cic- Brut.  116.  The  representations 
of  the  Attellant  were  called  Comoedi(e  Attellane. 

The  actors  of  Comedy  wore  a  low-heeled  shoe,  called 
Soccus. 

Those  who  wrote  a  play,  were  said  docere  \^\facerefa~ 
bulam  ;  if  it  was  approved,  it  was  said  sfarc^  stare  recto  ta- 
lo,  placere,  &c.  if  not,  cadere,  cxigi,  exsibi/ari,  &c. 

II.  TRAGEDY  is  the  representation  of  some  one  seri- 
ous and  important  action,  in  which  illustrious  persons  are 
introduced,  as,  heroes,  kings,  &c.  written  in  an  elevated 
style,  and  generally  with  an  unhappy  issue.  The  great  end  of 
tragedy  was  to  excite  the  passions,  chiefly  pity  and  horror  : 
to  inspire  the  love  of  virtue  and  an  abhorrence  of  vice,  Cic, 
de  Orat  i,  51.  It  had  its  name,  according  to  Horace,  from 
T^oeycs,  a  gout,  and  -wJ^jj,  a  song  ;  because  a  goat  was  the  prize 
of  the  person  who  produced  the  best  poem,  or  was  the 
best  actor,  de  Art.  Poet.  220.  to  which  Virgil  alludes,  Eel. 
iii.  22.  according  to  others,  because  such  a  poem  was  acted 
at  the  festival  of  Bacchus  after  vintage,  to  whom  a  goat  was 
then  sacrificed,  as  being  thedestroyer  of  the  vines;  and  there- 
fore it  was  called,  f^ay&xJ'/ajthe  goafs  song.  {Primi  ludi  thea- 
trales  ex  Liberalibus  nati  sunt,  from  the  feasts  of  Bacchus, 
Serv.  ad  Vrrg.  G.  ii.  381.) 

THESPiS,  a  native  of  Attica,  is  said  ^o  have  been  the  in- 
ventor of  tragedy,  about  536  years  before  Clirist.  He  went 
about  with  his  actors  from  village  to  village  in  a  cart,  on 
which  a  temporary  stage  was  erected,  where  they  played  and 
sung,  having  their  faces  besmeared  with  the  lees  of  wine, 
{perunctifacibus  oraj  Herat,  de  Art.  Poet.  275.  whence, 
according  to  some,the  name  of  Tragedy, (from  t^v^,  -vycs,  new 
wine  not  refined,  or  the  lees  of  \Vine,  and*'^*?*  a  shiger ;  hence 


Dramatic  Entertainments.  383 

rj!.>-u<?«)s,  a  singer  thus  besmeared,  who  threw  out  scoffs  and 
niillcry  against  people.) 

Thespis  was  contemporary  with  Solon,  who  was  a  great 
enemy  to  his  di  amatic  re  jiresentations,  Plutarch,  itt  So/one. 

Thespis  was  succeeded  by  ^schylus,  who  «<rected  a  per- 
manent stage,  fmodicis  instravit  pulpita  tignisJ,  and  was  the 
inventor  of  the  mask,  (persona)y  of  the  long  flowing  robe, 
Cpalln  stola,  vel  syrma),  and  of  the  high-heeled  shoe  or  bus- 
kin, (cothunutsJ,  which  tragedians  wore  :  whence  these 
words  are  put  for  a  tragic  style,  or  f(;r  tragedy  itself,  Firg, 
Eel.  viii.  10.  Juvenal,  viii.  229.  xv.  30.  Martial-  iii.  20.  iv. 
49.  V.  5.  viii.  3-  Horat.  Oa.  ii.  1.  12.  as  soccus  is  put  for  a 
comedy  or  familiar  style.  Id.  Epist.  ii.  174.  Art.  Poet.  80. 
90.  Nee  comoedia  in  cothurnos  assurgit^  nee  eontra  tragosdia 
socco  ingreditur,  Quinctilian.  x.  2,  22. 

As  the  ancients  did  not  wear  breeches,  the  players  always 
wore  under  the  tunic  a  girdle  or  covering,  (Subligaculum 
vel  Sub  Lie  ar,  verecundix  eausa)^  Cic.  Off.  i.  35.  Juvenal, 
vi.  60.  Martial,  iii.  87. 

After  ^schyl us,  followed  Sophocles  and  Euripides, 
who  brought  tragedy  to  the  highest  perfection.  In  their 
time  comedy  began  first  to  be  considered  as  a  distinct  com- 
position from  tragedy.  But  at  Rome  comedy  was  long  culti- 
vated, before  any  attempt  was  made  to  compose  tragedies. 
Nor  have  we  any  Roman  tragedies  extant,  except  a  few, 
which  bear  the  name  of  Seneca.  Nothing  remains  of  the 
works  of  Ennius,  Pacuvius,  Accius,  Sec.  but  a  few  frag- 
ments. 

Every  regular  play,  at  least  among  the  Romans,  was  di- 
vided into  five  acts,  Horat.  .4rt.  Poet.  189.  the  subdivision 
into  scenes  is  thought  to  be  a  modern  invention. 

Between  the  acts  of  a  tragedy  were  introduced  a  number 
of  singers  called  the  CHORUS,  Horat.  de  Art-  Poet.  193. 
who  indeed  appear  to  have  been  always  present  on  the  stage- 
The  chief  of  them,  who  spoke  for  the  rest,  was  called,  Cho- 
ragus  or  Coryphaeus.  But  C h  o  r  a  c  us  is  usually  put  for  the 
person  who  furnished  the  dresses,  and  took  care  of  all  the 
appai'atus  of  the  stage,  Plaut.  Pers.  i.  3,  79.  Trinumm.  iv. 
2,  16.  Suet.  Aug.  70.  and  choragiiim  ^ov  Xh^  apparatus  itself, 
(instrumentum  scenarum.  Fest.i  Phut.  Capt-  prol.  61-  Plin, 


S84  ROMAN  ANTIQUITIES. 

XXX vi.  15.  choragia  for  choragi,  Vitruv.  v.  9-  hence  falsi^ 
choragium  glori<e,  sometliing  that  one  may  boast  of,  Cic.  ad 
Herenn.  iv.  50. 

The  Chorus  was  introduced  in  the  ancient  comedy,  as  we 
see  from  Aristophanes  ;  but  when  its  excessive  licence  was 
suppressed  bylaw,  the  C/?on^* likewise  was  silenced,  Horat- 
Art'  Poet.  283.  A  Choragus  appears  and  makes  a  speech, 
Plant.  Cure.  iv.  1. 

The  music  chiefly  used  was  that  of  the  flute, which  at  first 
was  small  and  simple,  and  of  few  holes,  Hjrat-  Art.  Poet, 
202.  but  after^vards  it  was  bound  with  brass,  had  more  notes 
and  a  louder  sound. 

Some  flutes  were  double,  and  of  various  forms.  Those 
most  frequently  mentioned,  are  the  Tibiae  dcxtra  and  sinis- 
tr^e  pares  and  impares.,  which  have  occasioned  so  much  dis- 
putation among  critics,  and  still  appear  not  to  be  sufficicntlj' 
ascertained.  The  most  probable  opinion  is,  that  the  double 
flute  consisted  of  two  tubes,  which  were  so  joined  together 
as  to  have  but  one  mouth,  and  so  were  both  blown  at  once. 
That  which  the  musician  played  on  with  his  right  hand,  was 
called  tibia  dextra.,  the  right-handed  flute  ;  with  his  left,  tibia 
sinistra.,  the  left-handed  flute.  The  former  had  but  few 
holes,  and  sounded  a  deep  serious  base :  die  other  had 
more  holes,  and  a  sharper  and  more  lively  tone.  When 
two  right  or  two  left-handed  flutes  were  joined  together,  they 
were  called  tibi^  pares  dextre,  or  tibice  pares  sinistra.  The 
flutes  of  different  sarts  were  called /?f(6z«  impares,  or  tibia  dex- 
trte  et  sinistra.  The  right-handed  flutes  were  the  same  with 
what  were  called  the  Lydian  flutes,  (Tibia  LydiaJ^  and  the 
left-handed  with  theTyrian  flutes,  (  Tibi<s  Turia  or  Sarrante^ 
vel  Serrano.)  Hence  Virgil,  Biforem  dat  tibia  cantum,  i.  e. 
hisonum,  imparem,  i^n.  ix.  618.  Sometimes  the  flute  was 
crooked,  Firg.  jEn.  vii.  737.  Ovid.  Met.  iii.  532.  and  is 
then  called  Tibia  Phrygia  or  cornu^  Id.  de  Pont.  I.  i,  39, 
Fast.  iv.  181. 

III.  PANTOMIMES  were  representations  by  dumb- 
shew,  in  which  the  actors,  who  were  called  by  the  same  name 
with  their  performances,  f  Mimi  vel  Pantondmi)^  expressed 
every  thing  by  their  dancing  and  gestures  w  itJiout  speaking, 
(loguaci  manu ;  hence  called  albo  Cliironoini^)  IxxyQUsX.  xiii. 


DRAilATIC    ENTERTAINMENTS.  38/l 

110.  vi.  63.  Ovid.  Trist.  ii.  515.  Martial,  iii.  86.  Horat.  i. 
18,  13.  ii.  2,  225-  Mnnil.  v.  474.  Suet.  Ncr.  54.  But  Panfo- 
?nimi  is  always  put  for  the  actors,  who  were  likcwist  called 
P/.vAz/per/f^,  bfC) list"  they  were  without  shoes,  {excalceati), 
Senec.  Epist.  8.  Qviinctilian.  v.  11.  Juvenal,  viii.  191.  Gell. 
i.  11.  They  wore,  however,  a  kind  of  wooden  or  iron  sandals, 
called  Scab  ILL  A  or  ScaOei/a,  which  made  a  rattling  noise 
when  they  d unced,  Cic.  Coel.  27.  Suet.  Cal.  54- 

The  Pantoniinies  are  saiH  to  have  been  the  invention  oi 
Augustus  ;  for  before  his  time  the  Mimi  both  spoke  and 
acted- 

MIMUS  is  put  both  for  the  actor  and  for  what  he  acted, 
Cic  Ccel-  27-  Ft-rr.  iii.  36.  Hafnr.  Post.  12.  Phi/,  ii.  27-  not 
only  on  the  stage,  but  elsewhere.  Suet.  Cues  39.  Ner-  4.  0th. 
3.  Calig,  4,5.  Aug.  45.  100.  Sen.  Ep.  80.  Juvenal,  viii.  198, 
The  most  celebrated  composers  of  mimical  performances 
or  farces,  (mimographi),  were  Laberius  and  Publius  Syrus, 
in  the  tin-i.e  of  Julius  Cassar,  Suet.  Jul.  39.  Horat.  Saf,  i.  10. 
6.  Gell.  xvii.  14.  The  most  famous  Pantomimes  under  Au- 
gustus were  P^iades  and  Bathyllus,  the  favourite  of  Masce- 
nas,  Tacit.  Annal.  i.  54,  whose  freed-man  he  is  called  by 
the  Scholiast  on  Persius,  v.  123.  ilibertus  Ma^cenatis) ;  and 
by  Juvenal,  mollis^  vi-  63.  Between  them  there  was  a 
constant  emulation-  Pylades  being  once  reproved  by  Au- 
gustus on  this  account,  replied,  "  It  is  expedient  for  you, 
that  the  attention  of  the  people  should  be  engaged  about  us.'^ 
Pylades  was  the  great  favourite  of  the  public.  He  was  once 
banished  by  the  power  of  the  opposite  party,  but  soon  after 
restored,  JDio,  liv.  17.  Macrob.  Sat.  ii.  7.  The  factions  of 
the  different  players,  St^nec.  Ep.  47.  A''at.  Q.vii.  32.  Petron. 
5.  sometimes  carried  their  discords  to  such  a  length,  that 
they  terminated  in  bloodshed,  Suet-  Tib.  37. 

The  Romans  had  rope  dancers  (Funambuli,  Schtsno- 
batx  vel  Neurohatce).,  who  used  to  be  hitroduced  in  the  time 
of  the  play,  Per.  Hec.  Prol.  4,  34.  Juvenal,  iii.  77.  and  per- 
sons who  seemed  to  fly  in  the  air,(PETAUEi3T.E),  who  dart- 
ed ^jactabant  vel  executiebant)  their  bodies  from  a  raacliinc 
called  Petaurum,  vel  -us,  Festus,  Juvenal,  xiv-  265.  ManiU 
iii.  438.  Martial-  ii.  86.  also  interludes  or  musical  entertain- 
ments, called  Emboli  A,  Cic.  Sext.  54.  or  acroamata  ; 

oE 


S86  ROMAN  ANTIQUITIES 

but  this  last  word  is  usually  put  for  the  actors,  musicians,  or 
repeaters  themselves,  who  were  also  employed  at  private  en- 
tertainments, Cic.  ibid.  Verr.  iv.  22.  Arch.  9.  Suet.  Aug.  14,, 
Macroh.  Sat.  ii-  4.  Nep.  Att.  14. 

The  plays  were  often  interrupted  likewise  by  the  people 
tailing  out  for  various  shews  to  be  exhibited  ;  as,  the  repre- 
sentation of  battles,  triumphal  processions,  gladiators,  un- 
common animals,  and  wild  beasts,  &c-  The  noise  which 
the  people  made  on  these  occasions,  is  compared  by  Horace 
to  the  raging  of  the  sea,  Euist.  II-  i.  185,  &c.  In  like  man. 
iier,  their  approbation,  {piausus,)  and  disapprobation,  (sibi^ 
lus,  strepitus^  fremitus,  clamor  tomtruum^  Cic.  Fam.  viii.  2. 
fistula  paatoritia^  h.\X.  16.)  which  at  all  times  were  so  much 
regarded,  Cic.  Pis.  27.  Sext,  54,  ^S^  56,  &c.  Horat.  Od.  i. 
2a  ii-  17. 

Those  who  acted  the  principal  parts  of  a  play,  were  called 
Actores  primarum  partium  ;  the  second,  secundarum  parti- 
um  ;  the  third,  tertiarum^  &c-  Ter-  Phorm.  prol.  28.  Cic. 
in  CcCciL  15.  &  Ascon.  in  loc. 

The  actors  were  applauded  or  hissed  as  they  performed 
their  parts,  or  pleased  or  displeased  the  spectators,  Quinctili- 
an.  vi.  1.  Cic.  Rose.  Com.  2.  Att.  i.  3,  16.  When  the  play 
was  ended,  an  actor  always  said,  Plaudite,  Terent.  ^c. 

Those  actors,  who  were  most  approved,  received  crowns, 
&.C.  as  at  other  games  ;  at  first  composed  of  leaves  or  flow- 
ers, tied  round  the  head  with  strings,  called  Struppi,  stro- 
phia^  v.  -fo/(2,  Festus.  Plin.  xxi.  1.  afterwards  of  thin  plates 
of  brass  gilt,  fe  lamina  areatenui  inaurata  aut  inargentata) , 
called  Cor oLLiE  or  coroZ/cna  ;  first  made  by  Crassus  of 
gold  and  silver,  Plin.  xxi.  2,  3.  Hence  COROLLARIUM, 
a  reward  given  to  players  over  and  above  their  just  hire, 
fadditum  praterquam  quod  debitum  est),  Varro  de  Lat. 
Ling-  iv.  36.  Plin.  Ep.  vii.  24.  Cic.  Verr.  iii.  79.  iv.  22. 
Suet.  Aug.  45.  or  any  thing  given  above  what  was  promised, 
Cic-  Verr,  iii.  50.  Plin.  ix.  ZS.  s.  57.  The  Emperor  M. 
Antoninus  ordained  that  players  should  receive  from  five 
to  ten  gold  pieces,  (aureij.,  but  not  more,  Capitolin.  11- 

The  place  where  dramatic  representations  were  exhibited, 
was  called  THEATRUM,  a  theatre,  (a  Seaofcxi,  video)-  In 
ancient  times  the  people  viewed  the  entertainment  standing ; 


Dramatic  Entertainments.  o87 

hence  stanfes  for  spectators,  Cic.  Amic.  7.  and,  A.  U.  599, 
a  decree  of  the  senate  was  made,  prohibiting  any  one  to 
make  seats  for  that  purpose  in  the  city,  or  within  a  mile  of 
it.  At  the  same  time  a  theatre,  which  was  building,  was,  by 
the  appointment  of  the  censors,  ordered  to  be  pulled  down, 
as  a  thing  hurtful  to  good  morals,  (nocitumm  publicis  mori- 
biisJ,  Liv.  Epit.  xlviii.  Valer.  Max.  ii.  4,  3. 

Afterwards  temporary  theati-es  were  occasionally  erect- 
ed. The  most  splendid  was  that  of  M.  iEmilius  Scaurus, 
when  ajdile,  which  contained  80,000  persons,  and  was  adorn- 
ed \\  ith  amazing  magnificence,  and  at  an  incredible  expence, 
Plin,  xxvi.  15. 

Curio,  the  partisan  of  Caesar,  at  the  funeral  exhibition  in 
honour  of  his  father,  ffunebri  patris  mimerej ^  made  two 
large  theatres  of  wood,  adjoining  to  one  another,  suspended 
each  on  hinges,  (cardinum  singulorum  versafili  suspensa  lu 
bramento)^  and  looking  opposite  ways  ;  fintcr  se  aversajy 
so  that  the  scenes  should  not  disturb  each  other  by  their 
noise,  ^ne  invicem  obstreperentj  ;  in  both  of  which  he  act- 
ed stage  plays  in  the  former  part  of  the  day  ;  then  having; 
suddenly  wheeled  them  round,  so  that  they  stood  over  against 
one  another,  and  thus  formed  an  amphitheatre,  he  exhibited 
shews  of  gladiators  in  the  afternoon,  Plin.  xxxvi.  15. 

Pompey  first  reared  a  theatre  of  hewn  stone  in  his  second 
consulship,  which  contained  40,000.  But  that  he  might  not 
incur  the  animadversion  of  the  censors,  he  dedicated  it  as  a 
temple  to  Venus,  Suet.  Claud.  21.  Tertullian.de  Sped.  10. 
Plin.  viii.  7.  /)?o,  xxxix.  38.  Tacit,  xiv.  19.  There  were 
afterwards  several  theatres,  and  in  particular  those  of  Mar- 
cellus,  Dio^  xliii.  49.  and  of  Balbus,  near  that  of  Pompey, 
Ovid.  Trist.  iii.  12,  13.  Amor.  ii.  7,  3.  hence  called  tria  the- 
atra.,  the  three  theatres,  Suet.  Aug.  45.  Ovid.  Art.  iii.  394. 
Trist.  iii.  12,  24. 

Theatres  at  first  were  open  at  top  :  and  in  excessive  heat 
or  rain,  coverings  were  drawn  over  them,  as  over  the  am- 
phitheatre, Plin.  xix.  1.  s.  6.  xxxvi.  15.  s.  24.  Lucret.  iv. 
73.  but  in  later  times  they  were  roofed,  Stat.  Sylv,  iii.  5,  91. 

Among  the  Greeks,  public  assemblies  were  held  in  the 
theatre,  Cic.  Place.  7.  Tacit,  ii.  80.  Senec.  Epist.  108.  And 
among  the  Romans  it  was  usual  to  scourge  malefactors  ofl 


388  ROMAN  ANTIQUITIES. 

the  stage,  Suet.  Jug,  47.  This  the  Greeks  called  eiar^t^nv  et 

The  theatre  was  of  an  oblong  semicircular  form,  like  the 
half  of  an  amphitheatre,  Piin.  xxxvi.  16.  The  benches  or 
seats  Cgradus  vel  cuneij  rose  above  one  another,  and  were 
distributed  to  the  different  orders  in  the  same  manner  as  in 
the  amphitheatre.  The  foremost  rows  next  the  stisge,  called 
Orchestra^  were  assigned  to  the  senators  and  ambassadors 
of  foreign  states ;  fourteen  rows  behind  them  to  the  equitts  ; 
and  the  rest  to  the  people,  Suet.  Aug.  44.  The  whole  was 
called  CAVE  A.  The  foremost  rows  were  called  Cavea  pri- 
ma^ or  ima  ;  the  last,  cavea  ultima  or  summa.  Cic.  Senect. 
14.  the  middle,  cavea  media^  Suet.  ibid. 

The  parts  of  the  theatre  allotted  to  the  performers,  were 
called  Scena,  Postscenium^  Proscenium^  Pulpitum^  and  Or- 
chestra. 

1.  SCENA,  the  scene,  was  adorned  with  columns,  sta- 
tues, and  pictures  of  various  kinds,  according  to  the  nature 
of  the  plays  exhibited,  Vitruv.  v.  8.  to  which  Virgil  alludes^ 
Miu.  i.  166,  432.  The  ornaments  sometimes  were  incon- 
ceivably magnificent,  Valer.  Max.  ii.  4,  6.  Plin.  xxxvi,  15. 
s.  24. 

When  the  scene  was  suddenly  changed  by  certain  ma- 
chines, it  was  called  Scena  Versatilis  ;  when  it  was 
drawn  aside,  Scena  Ductilis,  Serv,  ad  Virg.  G.  in.  24. 
The  scenery  was  concealed  by  a  curtain,  (AULiEUM 
vel  Sipariufjiy  oftener  plural  aj,  which,  contrary  to  the  mo- 
dern custom,  was  dropt  (premehatur)  or  drawn  down,  as 
among  us  the  blinds  of  a  carriage,  when  the  play  began,  and 
raised  (tollebatur)  or  drawn  up  wlien  the  play  was  over  ; 
sometimes  also  between  the  acts,  Horat.  Ep.  ii.  1, 189.  Art. 
Poet.  154.  Ovid.  Met.  iii.  111.  Juvenal,  vi.  166.  The  ma- 
chine by  which  this  was  done,  was  called  Exostra,  Qic. 
prov.  Cons.  6.  Curtains  and  hangings  of  tapestry  were  also 
used  in  private  houses,  Ftrg.  ./En.  i.  701.    Herat.  Od.  iii. 
29.  15.  Sat.  ii.  8.  54.  called  Aulaa  Attalica,  because  said  to 
have  been  first  invented  at  the  court  of  Attains,  king  of  Per- 
gamus,  in  Asia  Minor,  Propert.  ii.  23.  46.  Serv.  in  Virg. 
Mn.  i.  701. 
%  POSTSCENIUM,  the  place  behind  the  scene,  where 


Levying  o/" Soldiers.  389 

the  actors  dressed  and  undressed  ;  and  where  those  things 
were  supposed  to  be  done,  which  could  not  with  propriety 
lye  exhibited  on  the  stage,  Horat.  de  Art.  P.  182.  Lucret^ 
Iv.  1178 

3.  PROSCENIUM,  the  place  before  the  scene  where 
the  actors  appeared. 

The  pljce  where  the  actors  recited  their  parts,  was  called 
PULPl'l'UM;  and  the  place  where  ihey  danced,  ORCHES- 
'J'RA,  which  was  about  five  feet  lower  than  the  Pulpitumt 
V-^itruv.  V.  6  Hence  Ludibria  scena  et  pulpito  chgna,  buf- 
Ibonery  fit  only  for  the  stage,  Flm.  Ep.  iv.  25. 

MILITARY  AFFAIRS  of  the  ROMANS. 

I  LEVYING  of  SOLDIERS. 

nPHE  Romans  were  a  nation  of  warriors.  Every  citizen 
-*-  was  obliged  to  enlist  as  a  soldier  when  the  public  service 
required,  from  tlie  age  of  seventeen  to  forty  six  ;  nor  at  first 
could  any  one  e:\joy  an  office  in  the  city,  who  had  not  served 
ten  campaigns,  Polyb.  vi.  17.  Every  foot  soldier  waa  obliged 
to  serve  twenty  campaigns,  and  every  horseman  ten.  At 
first  none  of  the  lowest  class,  nor  freedmen,  were  enlisted  as 
soldiers,  unless  in  dangerous  junctures,  Liv.  x.  21.  xxii.  11. 
57.  But  this  was  afterwards  altered  by  Marius,  Sallust. 
Jug.  86.  Gtll,  xvi.  10. 

The  Romans,  during  the  existence  of  their  republic,  were 
almost  always  engaged  in  wars  ;  first  with  the  different  states 
of  Italy  for  near  500  years,  and  then  for  about  200  years 
more  in  subduing  the  various  countries  which  composed 
that  immense  empire. 

The  Romans  never  carried  on  any  war  without  solemnly 
proclaiming  it.  This  was  done  by  a  set  of  priests  called 
Feciales. 

When  the  Romans  thought  themselves  injured  by  any 
nation,  they  sent  one  or  more  of  these  Feciales  to  demand 
redress,  iad  res  repetendas),  Liv-  iv-  30-  xxxviii.  45.  Varr. 
L.  L.  W-  15.  Dionys.  ii.  72.  and  if  it  was  not  immediatelj' 
given,  thirty-three  days  were  granted  to  consider  the  matter, 
after  which,  war  might  be  justly  declared.  Then  the  Feciales 
again  went  to  their  confines,  and  having  thrown  a  bloody 
spear  into  them,  formally  declared  war  against  that  nation, 


390  ROMAN  ANTIQUITIES. 

LiV'  i.  32.  The  form  of  words  which  he  pronounced  before 
lie  threw  the  spear,  was  called  CLAKIGATIO,  {a  clara  vo- 
ce qua  utebatur),  Serv.  m  Virg.  JiLn.  ix-  52.  x.  14.  Fiin. 
xxii.  2.  Afterwards  when  the  enipire  was  enlarged,  and  wars 
carried  on  with  distant  nations,  this  ceremony  was  performed 
in  a  certain  field  near  the  city,  wiiich  was  called  Acer  Hos- 
TiLis,  Ovid,  Fast.  vi.  205.  Thus  Augustus  declared  war 
protessedly  against  Cleopatra,  but  in  reality  against  Antony, 
Dio,  1.  4.  So  Marcus  Antoninus,  before  he  set  out  to  war 
against  the  Scythians,  shot  a  bloody  spear  from  the  temple 
of  Bellona  into  the  ager  hostilis,  Dio,  Ixxi.  53- 

In  the  first  ages  of  the  republic,  four  legions  for  the  most 
part  were  annually  raised,  two  to  each  consul;  for  two  le- 
gions composed  a  consular  army.  But  often  a  greater  num- 
ber was  raised,  ten,  Liv.  ii-  30.  vii.  35.  eighteen,  xxiv.  11. 
twenty,  xxx.  2.  twenty-one,  xxvi.  28.  xxvii.  24.  twenty- 
three,  XX.  1.  xxviii.  38-  under  Tiberius  twenty-five,  even 
in  time  of  peace,  besides  the  troops  in  Italy,  and  the  forces  of 
the  allies,  Tacit-  Annal.  iv.  5.  under  Adrian  thirty,  Spartiau' 
15.  In  the  529th  year  of  the  city,  upon  the  report  of  a  Gal- 
lic tumult,  Italy  alone  is  said  to  have  armed  80,000  cavalry 
and  700,000  foot,  Plin.  iii.  20.  s.  24.  But  in  after  times,  when 
the  lands  were  cultivated  chiefly  by  slaves,  Liv^  vi.  12.  it  was 
not  so  easy  to  procure  soldiers.  Hence  after  the  destruction 
of  Quintilius  Varus  and  his  army  in  Germany,  A.  U.  763, 
Augustus  could  not  raise  forces  even  to  defend  Italy  and 
Rome,  which  he  was  afraid  the  Germans  and  Gauls  would 
attack,  without  using  the  greatest  rigour,  Dio^  Ivi.  23. 

The  consuls,  after  they  entered  on  their  office,  appointed 
a  day  {diem  edicebant^  vel  indicebant)^  on  which  all  those  who 
were  of  the  military  age  should  be  present  in  the  capitol, 
Jjiv.  xxvii.  31.  Polyb-  vi.  17. 

On  the  day  appointed,  the  consuls,  seated  in  their  ciirulc 
chairs,  held  a  levy  {delectum  habebant)^  by  the  assistance  of 
the  military  or  legionary  tribunes,  unless  hindered  by  the 
tribunes  of  the  commons,  Liv.  iii.  51.  iv.  1-  It  was'deter- 
mined  by  lot  in  what  manner  the  tribes  should  be  called. 

The  consuls  ordered  such  as  they  pleased  to  be  cited  out 
of  each  tribe  :  and  every  one  was  obliged  to  answer  to  his 
name  under  a  severe  penalty,  Liv.  iii.  11>  and  41.  GelL  xi. 


Levying  o/"  Soldiers.  391 

5.  Valer.  Max-  vi.  3.  4-  They  were  careful  to  chuse  {leg ere) 
those  first,  who  had  wh'at  were  thought  lucky  names,  {bona 
nomina),  as,  Falcnits,  Salvius,  Statorius,  Sec.  Cic-  Divin.  \. 
45-  Fe.'itus  in  voce  Lacus  Lucrinus.  Their  names  were 
written  down  on  tables  ;  hence  scribercy  to  enlist,  to  levy  or 
raise. 

In  certain  wars,  and  under  certain  commanders,  there  was 
the  greatest  alacrity  to  enlist,  (no?fiina  dare),  Liv-  x-  25.  xlii, 

32.  but  this  was  not  always  the  case.  Sometimes  compul- 
sion (coercitio)  was  requisite  ;  and  those  who  refused,  (re- 
fract a  rii,  qui  militiam  detrrctabantj,  were  forced  to  en- 
list ( Sacramento  adactiJ  by  fines  and  corporal  punishment, 
{damnoetvirgis),  Liv.  iv.  52>'  vii.  4  Sometimes  they  were 
thrown  into  prison,  ibid.  &  Dionys.  viii.  x.  or  sold  as  slaves- 
Ctc.  Ccecm-  ;^4.  Some  cut  oif  their  thumbs  or  fingers  to 
render  themselves  unfit  for  strvice  :  hence  pollice  trunci, 
poltroons.  But  this  did  not  screen  them  from  punishment. 
Suet.  Aug-  24-  Valer-  Max-  vi-  3-  3.  On  one  occ  <sion  Au- 
gustu  -.  put  some  of  the  most  refractory  to  death,  Dio-  Ivi-  23, 

There  were,  however,  several  just  causes  of  exemption 
from  military  service,  {vacationis  militi<e  vel  a  militia)  ;  of 
which  tne  chief  were,  Age,  {MtasJ,  if  above  fifty,  Liv.  xlii« 

33,  34.  disease  or  infirmity,  {morbus  vel  vitiumJy  Suet. 
Aug-  24.  office,  {honor),  being  a  magistrate  or  priest.  Flu- 
tarch.  in  Camill.  vers.  Jin.  favour  or  indulgcncG  {bene/icium) 
granted  by  the  senate  or  people,  Cic.  Phil-  v.  19-  de  Nat.  Z), 
ii-  2.  Liv.  xxxix.  19. 

Those  also  were  excused  who  had  served  out  their  time, 
(Emeriti,  qui  stipendia  explevisscnt,  vel  defuncti,  0- 
vid.  Amor.  ii.  9.  24)  Such  as  claimed  this  exemption,  ap- 
plied to  the  tribunes  of  the  commons,  Liv.  ii.  55.  who  judg- 
ed of  the  justice  of  their  claims,  {causas  cognoscebant),  and 
interposed  in  their  behalf  or  not,  as  they  judged  proper*  But 
this  was  sometimes  forbidden  by  a  decree  of  the  senate,  Liv^ 
xxxiv.  56.  And  the  tribunes  themselves  sometimes  refer- 
red the  matter  to  the  cdiisuls,  Liv.  xlii-  32,  33,  &c. 

In  sudden  emergencies,  or  in  dangerous  wars,  as  a  war  in 
Italy,  or  against  the  Gauls,  which  was  called  TUMUL- 
TUS,  (quasi  timor  rnultus,  vela  tumeo),  Cic.  Phil,  v-  31-  viii. 
1.  Quiiittilian,  vi^i.  3.  no  regard  was  had  to  these  excuses, 


392  ROMAN  ANTIQUITIES. 

idelectAis  sine  vacationibus  habitus  esf)^  Liv-  vii.  II.  28.  viii- 
20.  X.  21.  Two  flags  were  displayed  Cvexilla  suhlata  vel 
prolata  sunt)  from  the  capitol,  the  one  red,  (ro*e?/m),  to  sum- 
mon the  infantry,  {ad  pedites  evocandosJ ,  and  the  other 
green,  (c<eruleiim),  to  summon  the  cavalry,  Serv,  in  Virg, 
^n-  viii.  4. 

On  such  occasions,  as  there  was  not  time  to  go  through  the 
usual  forms,  the  consul  said,  Qui  eempublicam  sal- 
vAM  ESSE  vuLT,  ME  sEquATUR.  This  was  Called  CON- 
JURATIO,or  evocatio,  and  men  thus  raised,  Conjurati, 
Zjiv.  xxii.  38-  C<es.  de  Bell.  G.  vii.  1.  who  were  not  consi- 
dered as  regular  soldiers,  Liv,  xlv.  2. 

Soldiers  raised  upon  a  sudden  alarm,  Un  tumtiltu  ;  nam^ 
TUMULTus  nonnunquam  levior,  quam  bellum^  Liv.  ii.  26) 
were  called  Subitarii  {ita  repentina  auxilia  appellabant), 
Liv.  iii.  4.  30-  or  Tumultuarii,  Liv.  i.  37.  xxxv.  2.  not 
only  at  Rome,  but  also  in  the  provinces,  ibid-  &  xl.  26.  when 
the  sickly  or  infirm  were  forced  to  enlist,  'vho  were  called 
Causarii,  Liv.  vi-  6-  If  slaves  were  found  to  have  obtrud- 
ed themselves  into  the  service,  finter  tirones)^  they  were 
sometimes  punished  capitally,  {in  eos  animadversum  est), 
Plin.  Ep.  X.  38,  &  39. 

The  cavalry  were  chosen  from  the  body  of  the  Equites  : 
and  each  had  a  horse  and  money  to  support  him,  given  them 
by  the  public,  Liv.  \-  43. 

On  extraordinary  occasions,  some  Equites  served  on  their 
own  horses,  Liv-  v.  7.  But  that  was  not  usually  done  ;  nor 
were  there,  as  some  have  thought,  any  horse  in  the  Roman 
■army,  but  from  the  Equites,  till  the  time  of  Marius,  who 
made  a  great  alteration  in  the  military  system  of  the  Ro- 
mans, in  this,  as  well  as  in  other  respects- 

After  that  period,  the  cavalry  was  composed  not  merely  of 
Roman  equites,  as  formerly,  but  of  horsemen  raised  from 
Italy,  and  the  other  provinces  :  and  the  infantry  consisted 
chieflj'  of  the  poorer  citizens,  or  of  mercenary  soldiers,  which 
is  justly  reckoned  one  of  the  chief  causes  of  tlie  ruin  of  tlie 
republic. 

After  the  levy  was  completed,  one  soldier  was  chosen  to 
repeat  over  the  words  of  the  military  oath,  {qui  reliquis  ver- 
ba sacramenti pr<£iret)y  and  the  rest  swore  after  him,  {in  ver~ 


Levying  o/Soldiers.  393 

ba  ejtLf  jurahant).     Ev(Ty  one  as  he  p\ssed  along  said,  I- 

DEM  IN   ME,   FcsfUStrt  Pr  .'EJ  UR  ATION  ES,  jLz'i;.  ii.  45-  Po- 

lyb.  vi-  19. 

The  form  of  the  oath  does  not  seem  to  have  been  always 
the  same.  The  suljstanee  of  it  was,  that  they  would  obey 
theirco.n  ain'ler,  \v\\  not  desert  their  standards,  &.c.  Liv* 
iii-  20.  xxii.  3S.  GtrlL  xvi.  4-  Sometimes  those  below  seven- 
teen wereoblfged  to  take  the  military  oath  {sacramento  vel 
'Um  fticcrf),  Liv.  xxii.  57'  xxv.  5- 

Wirhoiit  rhis  oalli  no  one  eould  justly  fight  with  the  ene- 
my, Cic.  Off.  i.  11-  Hence  sacramenfa  is  put  for  a  military 
life,  Jiwtnal.  xvi.  ?:>S.  Livy  siiys,  th  it  it  ^vas  first  legally 
exi'Ctcd  in  the  second  Punic  war,  xxii.  38.  where  he  seems 
to  make  a  distinction  between  the  oath  (Sack  amentum) 
which  formerly  was  taken  voluntarily,  when  the  troops  were 
eml^odied,  and  each  decuria  of  cavaliy,  and  century  of  foot, 
swore  among  themselves  {mter  se  tqmtea  decuriati,  pedites 
centuri':ti  corijuraharit),  to  act  like  good  soldiers,  (sesefii^ 
g<e  ac  formidinis  ergo  non  ahituros^  neque  ex  ordine  recessu-^ 
rosJ ^  and  the  oath  (jusjurandum)  which  was  exacted  by 
the  military  tribunes  after  the  levy,  (ex  voluntario  inter  ip^ 
SOS  fodder e  a  tribunis  ad  legitimam  jurisjurandi  actionem 
translalnm). 

On  occasion  of  a  mutiny,  the  military  oath  was  taken  a- 
new,  IJv.  xxviii.  29. 

Under  the  emperors  the  name  of  the  prince  was  inserted 
in  the  military  oath,  Tacit.  Hist.  iv.  31-  and  this  oith  used 
to  be  renewed  every  year  on  their  birth- day,  Plin,  Ep.  x. 
60.  by  the  soldiers  and  the  people  in  the  provinces.  Id. 
Pan-  68.  also  on  the  kalends  of  January,  Suet.  Galb.  16, 
Tacit.  Amal.  xvi.  22.  H^st.  i.  12. 

On  certain  occasions  persons  were  sent  up  and  down  the 
country  to  raise  soldiers,  called  CONQUISITORES,  and 
the  force  used  for  that  purpose  Coercitio  vel  Conquisitio, 
a  press  or  impress,  Liv.  xxi.  11-  xxiii.  32.  Cic.  de  prov^ 
Cons.  2.  Jtt.  vii.  21.  Hist,  de  Bell.  Alex.  2-  Sometimes 
particular  commissioners  {triumviri)  were  appointed  for 
that  purpose,  Liv.  xxv.  5. 

Veteran  soldiers  who  had  served  out  their  time  {homines 
emeritis  stipendiis,)  were  often  induced  again  toervliist,  who 

?>  F 


SU  ROMAN  ANTIQUITIES. 

were  then  called  EVOCATI,  Lzi;.  xxxvii.  4.  Cic,  Fatnl 
m.  7.  Cces.Bdt-  Civ,  iii.,53.  Salliist.  Jug.  84.  Dio.  xlv-  12. 
Gaiba  gave  this  name  to  a  bod^-  of  eqidtes^  whom  he  ap- 
pointed to  guard  his  person,  Suet.  Galb.  10.  The  Evocati 
we;-e  exempted  from  all  the  drudgery  of  military  service, 
(cxterorum  immunesy  nisi  propulsandi  hostis)^  Tacit.  Annal. 
i.  :^6. 

After  Latium  and  the  states  of  Italy  were  subdued,  or  ad- 
mitted into  alliance,  they  always  furnished  at  least  an  equal 
number  of  infantry  with  the  Romans,  and  the  double  of 
eavalry,Z/n;.  viii.  8.  xxii.  36.  sometimes  more.  (Seep.  73-) 
The  consuls,  when  about  to  make  a  levy,  sent  them  notice 
what  number  of  troops  they  required,  {ad  socios  Latinum- 
quenomeji  ad  mihtes  ex  formula  acciptendos  mittunt,  arma^ 
fela^  aim  parari  jube^ft^  Liv-  xxii.  57.)  and  at  the  same 
time  appointed  the  day  and  place  of  assembling,  {quo  conve- 
nirent)  Liv.  xxxiv.  56.  xxxvii.  4. 

The  forces  of  the  allies  seem  to  have  been  raised,  (scrip- 
ti  vel  conscripti)^  much  in  the  same  manner  with  those  of 
the  Romans.  They  were  paid  by  their  own  states,  Livo 
3cxvii«  9  &  11.  and  received  nothing  from  the  Romans  but 
eorn;  on  which  account  they  had  a  paymaster  (Qz/^^^or) 
of  their  own,  Polyb.  vi-  But  when  all  the  Italians  were  ad- 
mitted into  the  freedom  of  the  city,  their  forces  were  incor- 
porated with  those  of  the  republic- 

The  troops  sent  by  foreign  kings  and  states  were  called 
auxiharies,  (AUXILIARES  wz/zYe^  vel  auxilia,  ab  au- 
geOy  Cic.  Att.  vi.  5-  Varr,  &  Fest.)  They  usually  received 
pay  and  clothing  from  the  republic,  although  they  some- 
times were  supported  by  those  who  sent  them. 

The  first  mercenary  soldiers  in  the  Roman  army,  are 
said  to  have  been  the  Celtiberians  in  Spain,  A.  U.  537,  Liv, 
xxiv.  49.  But  those  must  have  been  different  from  the 
auxiliaries,  who  are  often  memioned  before  that  time,  Ziiv, 
xxi-  46,  48,  55,  56.  xxii.  22- 

Under  the  emperors,  the  Roman  armies  were  in  a  great 
measure  composed  of  foreigners ;  and  the  provinces  saw 
with  regret  the  flower  of  their  youth  carried  off  for  that  pur- 
pose, Tacit.  Hist.  iv.  lAf.^gric.  31.  Each  district  was  ob- 
liged to  furnish  a  certain  nunjber  of  meii,  in  proportion  t© 
?$s  extent  and  opulence* 


m 


Division  of  the  Troops.'  395 

II.   DTFISTO.y  of  th,'  rBOOPSin  the  ROMAX  AR. 
Mr;  tktirAHMS,  OFFICERS,  ami  DRESS. 

AF 1  i\R  the  levy  v\ms  completed,  and  tiie  military  oath 
ad'niuistertd,  the  troc^ps  vvcre  formed  into  kgirms, 
(LKGIO,  a  iLgeudo,  quia  mihtes  in  dtlectu  legebantur,  Far- 
ro,  L.  L-  iv.  16-  whic.i  word  is  sometimes  put  for  an  army, 
Liv.  u-  26,  &c.  SiUust.  Jug.  79.) 

tach  legion  was  divided  into  ten  cohorts ;  each  cohort 
into  tliree  maniples  ;  and  each  maniple  into  two  centuries, 
(Mx\NlPULUS,  ex  manipulo  yQ\fascwulofmi,  hastx,  vel 
pertictelongiS  ui*gato^  quern  pro  signo  primum  gertbat,  Ovid. 
Fast.  ill.  117.)  So  tnat  tiiere  were  thirty  maniples,  and  .-iix-- 
ty  centuries  m  a  legion,  Gtll,  xvi.  4.  and  if  there  had  always 
been  100  men  in  each  century,  as  its  name  imports,  the  le- 
gion would  have  consisted  oi  6000  men.  But  this  was  not 
the  case. 

Tiie  number  of  men  in  a  legion  was  different  at  different 
times,  Ljv.  vii.  25.  viii.  8.  xxvi.  28.  xxix.  24.  xiii.  31.  xliii. 
12.  C>^s.  B.  C.  Ill  106.  B.  AL  69.  In  the  time  of  Poly  bins 
it  was  4200. 

There  were  usually  300  cavalrj'  joined  to  each  legion, 
called  JUSTUS  EQUITATUS,  or  ALA,  ibid.  &  Lw.  iii. 
62.  Tiiey  were  divided  into  ten  turme  or  troops  ;  and  each 
til r ma  into  three  decuri<e,  or  bodies  of  ten  men. 

The  different  kinds  of  infantry  which  composed  the  le- 
gion, were  three,  the  H.istati,  Principes,  and  Tr'iarii. 

The  HAST  ATI  were  so  called,  because  they  first  fought 
with  long  spears,  (-hastx),  which  were  afterwards  laid  aside 
as  inconvenient,  Varro  dt  Lat.  ling,  iv,  16.  They  consisted 
of  young  men  in  the  flower  of  life,  and  formed  the  first  line 
in  battle,  Liv.  viii.  8. 

The  PRINCIPES  were  men  of  middle  age,  in  the  vigour 
of  life  ;  they  occupied  the  second  line.  Anciently  they  seem 
to  have  been  posted  first ;  whence  their  name,  ibid. 

The  TRIARIl  were  old  soldiers  of  approved  valour,  who 
for.ned  the  third  Yirn: ;  whence  their  name,  Dionijs.  viii.  ^&. 
They  were  also  called  PlLANI,  from  ihe  Pdum  or  javelin 
which  they  used  ;  and  t!ie  Hastati  and  Prindpes,  who  stood 
before  them,  A  n  t  e  p  i  l  a  n  t  . 


396  ROMAN  ANTIQUITIES. 

There  was  a  fourth  kind  of  troops,  called  VELITES, 
from  their  svviftness  and  sgility,  (:i  volando  vel  vcloatate)^ 
the  light-armed  soldiers,  {milites  levis  armatune,  vel  exptdi- 
ii,  vel  /tvis  armatura^,  firb.t  instituted  in  the  sccbnd  Punic 
war,  Liv.  xxvi.  4.  These  did  not  form  a  part  of  the  legion, 
and  had  no  certain  post  assigned  them  ;  but  fought  in  scat- 
tered parties  where  occasion  required,  usually  before  the 
lines.  To  them  were  joined  the  sUngers  and  archers,  FUN- 
DITORES,  Baleares  Achn,  kc-)  Liv.  xxi«  2\.  xxviii-  37. 
xxxviii.  21,  29.  SAGI  i'TARii  Crettmes,  Arubes,  Jkc. 
Jjiv-  xxxvii.  40-  xlii.  ^5. 

The  light-armed  troops  were  anciently  called  Ferentarii  ; 
Rorani,  {quod  ante  rorat  quum  plait  ^  Varr.  L.  L.  \  i.  3)  and, 
according  to  some,  Accensi-  Others  make  the  Accensi  su- 
pernumerary soldiers,  nho  attended  the  army  to  supply  the 
place  of  those  legionary  sf)ldit:*rs  who  died  or  were  slain,  Fes- 
tus  mADscRiPTiTii,  Farro,  ibid.  In  the  mean  time,  how- 
ever, they  were  ranked  among  the  light-armed  troops-  The^ 
were  formed  into  distinct  companies,  (expediti  manipuli  et 
expedites  cohortes)^  and  are  sometimes  opposed  to  the  legi- 
onary cohorts,  SdUust.  Jug.   46.  90.  100- 

The  soldiers  were  often  denominated,  especially  under  the 
emper(jrs,  from  the  number  of  the  legion  in  which  they  were  ; 
thus,  Primarily  the  soldiers  of  the  first  legion  ;  Secundaniy 
T'tTtiani,  Quartani,  Quintan? ,  DeciiTiam,  fertiadecimani^ 
Vicesimani^  Duodevicesimani^  Duo  et  vicesimani^  Sec-  Tacit. 
Hist.  iv.  36,  37.  iii.  27-  v.  1.  Suet.  Jul.  70- 

The  Felites  were  equipped  with  boxvs,  slings,  seven  jave- 
lins or  spears  with  slender  points  like  arrows,  so  that  when 
thrown  they  bent,  and  could  not  easily  be  returned  by  the 
enemy,  quorum  teluni  inhabile  ad  remittendnm  imperitis  est, 
Liv.  xxiv.  34.  a  Spanish  sword  having  both  Q,(\^ii  and  point, 
iquo  c^sim  et  punctim  pettbant,  Liv)  a  round  buckler  (par- 
ma)  about  three  feet  in  diameter,  made  of  wood  and  cover- 
ed with  leather  ;  and  a  helmet  or  cask  for  the  head,  (GA- 
LEA vel  Galerus),  generally  made  of  the  skin  of  some  wild 
beast,  to  appear  the  more  terrible,  Polyb.  vi.  20. 

The  arms  of  the  Hastati,  Principes,  and  Triariiy  both  de- 
fensive (anwa  ad  tegendum)  and  oflensive  (tela  'd  petendum) 
\yere  in  a  great  measure  the  same ;  Polyb.  vi,  20,  &  22- 


Division  of  the  Troops.  397 

1.  An  oblong  shield  (SCUTUM)  with  an  iron  boss(uM- 
Bo)jutting  out  in  tlie  middle,  four  feet  long  and  two  feet  and 
a  half  broad,  made  of  wood,  joined  togcdier  with  little  plates 
of  iron,  and  the  whole  covered  with  a  bull's  hide  ;  bome- 
times  a  round  shield  (Clvpeus)  of  a  smaller  size. 

2.  A  head  piece  (GALEA,  vel  Cassis  v.  -zV/a)  of  brass  oi' 
iron,  coming  down  to  the  shoulders,  but  leaving  the  face  un- 
covered, F/or.  iv.  2.  whence  the  command  of  Caesar  at  the 
battle  of  Pnarsalia,  which  in  a  great  measure  determined  the 
fortune  of  the  day,  Faciem  feri,  miles,  Mor-  iv.  2. 
Pompey's  cavalry  being  ciiiefly  composed  of  young  men  of 
rank,  who  were  as  much  afraid  of  having  their  visages  dis- 
figured as  of  death.  Upon  the  top  of  the  helmet  was  the 
crest,  (Crista)  adorned  with  plumes  of  feathers  of  various 
colours. 

3.  A  coat  of  mail,  (LORICA)  generally  made  of  leather, 
covered  with  plates  of  iron  in  the  form  of  scales  or  iron  rings 
twisted  within  one  another  like  chains,  {hajnis  conserta)^  in- 
stead of  the  coat  of  mail,  most  used  only  a  plate  of  brass  on 
the  breast,  {thorax  vel  pectorale^. 

—4.  Greaves  for  the  legs,  (OCREzE),  Liv-  ix.  40.  teg^ 
mm  I  criirum,  Virg.  ULn.  xi.  777.  sometimes  only  on  the 
right  leg,  Feg^-t.  i.  20.  and  a  kind  of  shoe  or  covering  for  the 
fe(  t,  called  Catiga,  set  with  nails,  Juvenal,  xvi.  24-  used 
chiefly  by  the  common  soldiers,  fgregarii  vel  manipulares 
vulitesJ^  whence  the  Emperor  Cnbgula  had  his  name.  Suet. 
Cal.  ix-  52  Tacit.  Annal.  i.  41.  Cic-  Att.  ii.  3-  Hence  Ca- 
ligatusy  SL  common  soldier.  Suet-  Aug.  25.  Marius  a  caliga 
ad  consulatum  per  ductus,  from  being  a  common  soldier,  Se^ 
nee-  de  ben.  v-  16- 

— 5.  A  sword  {gladius  vel  ensis)  and  two  long  javelins, 
(Pila) 

''  The  cavaliy  at  first  used  only  their  ordinary  clothing  for 
the  sake  of  agility,  that  they  might  more  easily  mount  their 
horses  ;  for  they  had  no  stirrups,  (Stapi^  vel  StapedvE, 
as  they  were  afterwards  called)-  When  they  were  first  used 
is  uncertain.  There  is  no  mention  of  them  in  the  classics, 
nor  do  they  appear  on  ancient  coins  and  statues.  Neither 
had  the  Romans  saddles  such  as  ours,  but  certain  coverings 
of  cloth  ivestis  stragula)  to  sit  qn,  called  EPHIPPIA,  Ho- 


398  ItOMAN  ANTIQUITIES. 

rat.  Ep.  i.  14.  44.  vel  Strata,  with  which  ahorse  was 
said  tobecoNSTRATus,  Liv.  xxi.  54.  These  the  Germans 
despised,  CW-  B,  G.  iv-  2.  The  Numidian  horse  had  no 
bridles,  Liv.  xxxv.  11. 

But  the  Roman  cavalry  afterwards  imitated  the  manner  of 
the  Greeks,  and  used  nearly  the  same  armour  with  the  foot ; 
Polyb,  vi.  23.  Thus,  PHny  wrote  a  book,  de  j aculatione  e- 
guestr%  about  the  art  of  using  the  javelin  on  horseback,  Phi. 
Ep.  iii-  4. 

Horsemen  armed  cap-a-pie.^  that  is,  completely  from  head 
to  foot,  were  called  Loricati,  or  Cataphkacti,  Liv, 
xxxv.  48.  xxxvii.  40. 

In  each  legion  there  were  six  miUtary  tribunes  (see  p.  206)j 
who  commanded  under  the  c^>nsul,  each  in  l-is  turn,  usunliy 
month  about,  Liv.  xl.  41-  Horat.  Sat.  i.  6.  48.  In  banle,  a 
tribune  seems  to  have  had  the  charge  often  centurits,  or 
about  a  thousand  men  ;  hence  called  in  Greek,  xt>.i»^%oi,  vel 
-??5.  Under  the  emperors  they  were  chosen  chiefly  fn>m  a- 
moncrthe  senators  and  equites  ;  hence  called  Laticlavii 
and  Angusticlavii,  Suet.  0th.  10.  One  of  these  seems 
to  be  called  Tribunus  cohortis,  Plm.  Ep.  iu.  9.  and 
their  coirtmand  to  h^ve  lasted  only  six  month'-. ;  hence  call- 
ed semestris  tribunatus,  Plin.  Ep.  iv'  4-  or  semes- 
tre  aurum,  Juvenal,  vii.  8.  because  they  had  the  right  of 
wearing  a  golden  ring. 

The  tribunes  chose  the  officers  who  commanded  the  cen- 
turies (Centuriones  vel  o-rdinum  ductores)^  from  among 
the  common  soldiers,  according  to  their  merit,  Liv-  xlii.  34. 
Cas'  vi.  39-  Lucan.  i.  645-  vi.  ]45.  But  this  office  (ce-w^wn- 
onatas)  was  sometimes  disposed  of  by  the  consul  or  procon- 
sul through  favour,  and  even  for  money,  Cic.  Pis.  3Q. 

The  badge  of  a  centurion  was  a  vine-rod  or  sapling,  (vi= 
Tis).  Plin.  xiv.  1-  s.  3.  Tacit*  i-  23.  Juvenal,  viii.  247.  0- 
vid.  Art.  Am-  i.  527-  hence  vite  donari.,  to  be  made  a  centuri- 
on ;  vitem  posc^-re.^  to  a^k  that  o^ctyfuvejial-  xiv-  193.  gere- 
re.,  to  bear  it,  Lucan.  vi.  146. 

There  were  two  centurions  in  each  maniple  called  by  the 
same  name,  but  distinguished  by  the  title  prior.,  former,  and 
posterior,  latter,  because  the  one  was  chosen  and  ranked  be- 
fore the  other,  T^cit,  Anm  i,  32.  Dionys*  ix.  10, 


Division  of  the  Troops.  39§ 

Under  the  emperors  persons  were  made  centurions  all  at 
once  tliroiigh  interest,  /)/o,  lii.  2S. 

The  centurion  oithe  first  century  of  the  first  maniple  of 
the  Triarh^  was  called  Ccnfurio  primi  pili,  \t\primiordinis, 
Liv.  XXV-  19.  or  Primus  Pilus,  primipiius,  or  primopiluSt 
Caes.  B.  G-  ii-  25.  also  primus  centurio,  Liy  vii-  41.  qui  pri- 
mum  pilum  ducebat^  ib.  13.  Dux  legionis^  («  vyi^cuv  rov  rxyy.*- 
To{).  Dionys.  ix.  10.  He  presided  over  all  the  other  centuri- 
ons, and  had  the  charge  of  the  eagle  (aquiUi),  or  chief  stand- 
ard of  the  legion,  Tacit.  Hist.  iii.  22-  Valer.  Max.  \  6.  11. 
whereby  he  obtained  both  profit  and  dignity,  being  ranked 
among  the  equites,  Juveual-  xiv.  197.  Martial,  i-  32-  Ovid. 
Amor-  iii-  8.  20  Pont,  iv-  7-  15-  He  had  a  place  in  the  coun- 
cil of  war  with  the  consul  and  tribunes-  The  other  centuri- 
ons were  called  minor es  ordine^  lb-  49. 

The  centurion  of  the  second  century  of  the  first  maniple  of 
the  Triani,  was  called  Frimpiius  posterior:  So  the  two  cen- 
turions of  the  second  maniple  of  the  Triarii,  Prior  centurio, 
and  posterior  centurio  secundi  pili ;  and  so  on  to  the  tenth, 
who  was  called  Centurio  decimi  pili,  prior  et  posterior.  In 
like  manner,  Pn?nus  princeps,  secundits  princeps,  &c.  Pri- 
mus hastatus,  &c.  Thus  there  was  a  large  field  for  promo- 
tion in  the  Roman  r.rmy,  from  a  common  soldier  to  a  cen- 
turion ;  from  being  tlie  lowest  centurion  of  the  tenth  maniple 
o^  Hastati,  (decimus  hastatus  posterior  J  ^  to  the  rank  of  Pn- 
mipiius,  Liv.  xlii.  34.  Any  one  of  the  chief  centurions  was 
said  ducerehonestum  ordinem  ;  as  Virginius,  Liv.  iii.  44- 

The  centurions  chose  each  two  assistants  or  lieutenants, 
called  OPTION  ES,  Uragi,  or  Succenturiones,  Liv-  viii.  8. 
Festus  in  Optio  ;  and  two  standard-bearers  or  ensigns, 
(SIGNIFERI  vel  FexillariiJ,  Liv-  vi-S-xxxv.S.  Tac-Ann, 
i-  81.  Hist.  i.  41.  iii.  17.  Cic.  Divin.  i.  77. 

He  who  commanded  the  cavalry  of  a  legion  was  called 
PftiEFECTUS  ALyE,  P/in.  Ep.  iii- 4. 

Each  Tufma  had  three  DECURIONES,  or  command- 
ers of  ten:  but  he  who  was  first  elected,  commanded  the 
troop,  Polyb.  vi.  23.  and  was  called  Dux  turm^,  Sallust. 
Jug'  38.  Each  decurio  had  an  optio  or  deputy  under  him, 
Farro  de  Lat.  ling,  iv-  16. 

The  troops  of  the  allies  (which,  as  well  as  the  horse,  were 


400  KOMAN  ANTIQUITIES. 

called  AlvE,  from  their  being  stationed  on  the  wings,  Liv.i 
xxxi.21.  GelL  xvi.  4.)  had  prefects  (PRiEFECTI)  ap- 
pointed  them,  who  commanded  in  the  same  manner  as  the 
legionary  tribunes,  Cas.  B.  G,  i.  39-  Suet,  Aug.  38.  Claud, 
35.  Plin.  Epist.  X-  19-  They  were  divided  into  cohorts,  as 
the  Roman  infantry^  Sallust.  Jug,  58- 

A  third  part  of  the  horse,  and  a  fifth  of  the  foot  of  the  al- 
lies, were  selected  and  posted  near  the  consul,  under  the 
name  ofExTRAORoiNARii,  and  one  troop  called  i\ b l e c - 
Ti  or  Srlecti^  to  serve  as  his  life-guards,  Liv.  xxxv.  5.  Po- 
lyh.  vi.  28. 

It  is  probable  that  the  arms  and  inferior  officers  of  the 
allied  troops  were  much  the  same  as  those  of  the  Romans- 
Two  legions,  with  the  due  number  of  cavalry,  {cumjusto 
equitatu)^  and  the  allies,  formed  what  was  called  a  consular 
army,  {exercitus  consularis,)  about  20,000  men,  Ltv,  x. 
25.  in  the  time  of  Polybius,  18,600,  Polyb.  vi.  24. 

The  consul  appointed  lieutenant-generals  (LEGATI)  un- 
der him,  one  or  more,  according  to  the  importance  of  the 
war,  Liv'  ii-  29.  59.  iv-  17.  x.  40.  43.  &c-  Sail.  Cat-  59. 
Jug.  28.  C^s.  de  bell.  civ.  ii.  17.  iii.  B5. 

When  the  consul  performed  any  thing  in  person,  he  was 
said  to  do  it  by  his  own  conduct  and  auspices,  (ductu  vel 
imperio,  et  auspicio  suo),  Liv.  iii.  1.  17.  42.  xli«  17.  28. 
Plant.  Amph.  i.  1-  41.  ii-  2-  25-  Horat-  i.  7.  27.  But  if  his/<?- 
gatus  or  any  other  person  did  it  by  his  command,  it  was  said 
to  be  done,  auspicio  consulis  et  ductu  legati^  by  the  aus- 
pices  of  the  consul  and  conduct  of  the  legatus-  In  this 
manner  the  emperors  were  said  to  do  every  thing  by  their 
auspices,  although  they  remained  at  Rome-  DuctuGerma- 
nici,  auspiciis  TiberiU  Tacit.  Annal.  ii.  41.  Horat.  Od.  iv. 
14.  16.  &  So,  Ovid.  Trist.  ii.  173.  hence  auspicia,  the 
conduct,  Ijiv.  iii.  60. 

The  military  robe  or  cloak  of  the  general  was  called  PA- 
LUD  AMENTUM,  or  Clilamys,  of  a  scarlet  colour,  bor- 
dered with  purple  ;  sometimes  worn  also  by  the  chief  offi- 
cers, Liv.  i.  26.  PUti.  xvi.  3-  Tac.  Ami-  xii.  56.  cumpalu- 
datis  ducibusy  officers  in  red  coats,  Juvenal,  vi.  399.  and,  ac- 
cording to  some,  by  the  lictors  who  attended  the  consul  in 
war,  Liv.  xli.  10-  xlv.  39.  Chlamys  was  likewise  the 


Discipline  o/* Me  Romans,  feV.  40a 

name  of  a  tnivclling  dress,  ("vestis  viatoriaj  :  hence  Chla-- 
mydatus^  a  traveller  or  Ibrcigner,  Plant.  Pseud,  iv.  2-  8.  sc 
7.49. 

The  military  cloak  of  the  officers  and  soldiers  was  called 
-SAGUM,  liho  Chlumys,  Plaut-  Rud.  ii.  2.  9.  an  open  robe 
drawn  over  the  other  clothes,  and  fastened  with  a  clasp.  Su- 
et. .4i/g.  26.  opposed  to  top-a^  the  robe  of  peace-  When 
tkre  was  a  war  in  Italy,  (in  tumu/tuJ,  all  the  citizens  put 
on  the  sa^um  :  Hence  P!.<t  in  sagis  civitas,  Cic.  Phil.  viii. 
11.  sumere  saga,  ad  saga  ire  ;  et  redire  ad  to^as,  Id.  v.  12. 
xiv.  1.  also  i)!jt  for  the  general's  robe  ;  thus,  Punico  lugubre 
viutavit  sagum,  i-  <^  deposuit  coccincam  chlamydem  Anto- 
nius,  et  a^cefut  mgram,  laid  aside  his  purple  robe,  and  put 
on  mourning.  Horat.  Epod.  ix.  27- 

III.    DISCIPLINE  OF  THE  ROMANS,  their 
MARCHES  AND  ENCAMPxMENTS. 

THE  discipline  of  the  Romans  was  chiefly  conspicuous 
in  thtir  marches  and  encampments.  They  never  pas- 
sed a  night,  even  in  the  longest  marches,  without  pitching  a 
camp,  and  fortifying  it  with  a  rampart  and  ditch,  Liv.  xliv, 
39.  Sallust.  Jug-  45-  &  91.  Persons  were  always  sent  be- 
fore to  chuse  and  mark  out  a  proper  place  for  that  purpose, 
(castra  metari).  Hencq  called  METATORES  ;  thus. 
Aliens  castris  vel  sf^cundis,  is  put  for  alt&ro  die,  the  second 
day  ;  tertiis  castris,  quintis  castris,  &c«  Tacit.  Hist  iii.  15- 
iv.71   Ccts.  P.O.  vii  36. 

When  an  army  staid  but  one  night  in  the  same  camp,  ot 
even  two  or  three  nights,  it  was  simply  called  castra,  and  in 
later  ages  MANSIO  ;  which  word  is  also  put  for  the  jour- 
ney of  one  day,  Plin  xi\.  14.  or  for  an  inn,  Suet.  Tit.  10-  as 
erTa3-f*6(,  among  the  Greeks- 

Wuen  an  army  remained  for  a  considerable  time  in  the 
same  place,  it  was  called  Castra  STATIVA,  a  standing 
camp,  iF^STIVA,  a  summer  camp  ;  and  HIBERNA,  a 
winter  camp,  (which  was  first  used  in  the  siege  of  Vtji), 
Liv.  V.  2.  Hihi-rnacula  cedificavit,  xxiii.  39. 

The  winter  quarters  of  the  Romans  were  strongly  fortifi^ 
ed,  and  furnished,  particularly  under  the  emperors,  with  c- 
very  accommodation  like  a  city,  as  ^itorchottses.  iarnKiria^.., 

3  G 


402^  ROMAN  ANTIQUITIES, 

workshops,  {fahricce)^  an  infirmary,  ivaletudinanum) y  8c c. 
Hence  froTB  thtm  many  to^vns  in  Europe  are  supposed  to 
have  their  origin  ;  in  England  particularly,  those  whose 
names  end  in  cesUr  or  chester. 

The  form  of  the  Roman  camp  was  a  square,  Cquadrata), 
and  always  of  the  same  figure,  Folyd.  vi.  25.  In  later  ages, 
in  imitation  of  the  Greeks,  they  sometimes  made  it  circular, 
or  adapted  it  to  the  nature  of  the  ground,  Veget.  i.  23-  It 
was  surrounded  with  a  ditch,  (Foss  a),  usnallynine feet  deep 
and  twelve  feet  broad,  and  a  rampartCV ALLUM),  compos- 
ed of  the  earth  dug  from  the  ditch,  (AGGER),  and  sharp 
stakes,  {slides,  VALLI  vel  pali),  stuck  into  it,  Virg.  G,  ii.  , 
25.  Cces.  B.  Civ.  ii.  1.  15.  Polyb.  xvii.  14.  &.  15.  j 

The  camp  had  four  gates,  one  on  each  side,  called  Porta 
PR^ETORIA,  vel  Extraordinariay  next  the  enemy,  Liv. 
xl.  27.  DECUM ANA,  opposite  to  the  former,  {ab  tergo 
castrorum  et  hosti  aversa^  vel  ab  hoste)^  Liv.  iii.  5  x.  32. 
Ctcs.  B.  G.  ii.  24.  Civ.  iii.  79.  Porta  principalis  dex- 

TR  A  and  PRINCIPALIS  SINISTRA,  Liv,  xl-  27' 

The  camp  was  divided  into  two  parts,  called  the  upper  and 
lower. 

The  upper  part,  {pars  castrorum  superior)^  was  that  next 
the  porta  fra^tona,  in  which  was  the  general's  tent,  (duels 
iaber7iaculiim) ,  called  PRi^^TORIUM,  also  Augur  ale, 
Tacit.  Annul-  ii.  13-  xv-  30.  from  that  part  of  it  where  hetook 
the  auspices,  f  augur acidum,  Fest.  vel  auguratorium,  Hy- 
gin.  de  castramet.)  or  Augustale,  Quinctil.  \m.  2.  8. 
with  a  sufficient  space  around  for  his  retinue,  the  praetorian 
cohort,  ^c-  On  one  side  of  the  Pr<^torium  were  the  tents  of 
the  lieutenant-generals  ;  and  on  the  other  that  of  the  Quaes- 
tor, QUiESTORTUM,  which  seems  anciently  to  have  been 
near  the  porta  decumana.,  hence  called  Qu^storia^  Liv.  x. 
32.  xxxiv.  47.  Hard  by  the  quaestor's  tent  was  the  FO- 
RUM, called  also  Quintan  a,  where  things  were  sold  and 
meetings  held,  Liv.  xli.  2.  Suet.  JVer.  26.  Polyb.  vi.  38.  In 
this  part  of  the  camp  were  also  the  tents  of  the  tribunes,  pre- 
lects of  the  allies,  the  JEvocatiy  Ablecti,  and  Extraordinariiy 
both  horse  and  foot.  But  in  what  order  they  were  placed 
does  not  appear  from  the  classics-  We  only  know  that  a  par- 
ticular place  was  assigned  both  to  officers  and  meil,  witb 
which  they  were  all  perfectly  acquainted. 


Discipline  of  the  Romans, '^c,  403 

The  lov.'cr  part  of  the  camp  vvas  separated  from  the  upper 
by  a  broad  (^ptii  sp:»ce,  which  extended  the  whole  l)r<.ndth 
of  the  camp,  called  PUINCIPI/V,  Lw.  vil.  12.  where  the 
tribunal  of  the  general  was  erected,  u  hen  he  cither  adminis- 
tered justice  or  harangued  the  army,  Tacit.  Annal.  i.  67* 
//m*.  iii.  13.  where  the  tribunes  held  their  courts,  (jiira  red- 
dtbmitJ^  Liv.  xxviii-  24.  and  punishments  were  hnflictcd, 
Siit't.  0th.  i-  Aug  32.  Liv-  viii.  24.  ix.  16.  the  principal 
standards  of  ^he  army,  and  the  altars  of  the  gods  stood,  Ta- 
cit. AnjiaL  i  39  also  the  images  of  theemperors,  Td.'w.  2.  xv. 
29.  by  which  the  soldiers  swore,  Lw.  xxvi.  48-  Hnrat.Od.  iv- 
5.  Ep,  ii.  1,16.  and  deposited  their  money  at  tlie  standards. 
Cad  vel  apiid  signajy  as  in  a  sacred  place,  Suet.  Dom.  7. 
each  a  certain  part  of  his  pay,  and  the  half  of  a  donative, 
which  vvas  not  restored  till  die  end  of  the  war,  Feget.  ii.  20- 

In  the  lower  part  of  the  camp  the  troops  were  disposed  in 
this  manner  :  The  cavalry  in  tlie  middle  ;  on  both  sides  of 
them  the  Triarii,  Fri?icipes,  and  Hastati  ;  next  to  them  on 
boih  sides  were  the  cavalry  and  foot  of  the  allies,  who,  it  is 
observable,  were  always  posted  in  separate  places,  lest  tliey 
should  form  any  plots,  fne  quid  novce  rei  molirenturj,  by 
being  united.  It  is  not  agreed  what  vvas  the  plice  of  the  Fe- 
lites'  They  are  supposed  to  have  occupied  the  empty  spacQ 
between  the  rampart  and  the  tents,  which  vvas  200  feet  brf)ad. 
The  same  may  be  said  of  the  slaves,  (Calones  vel  strvi), 
and  retainers  or  followers  of  the  camp,  (Lix^e,  qui  exerci- 
tum  sequebantur^  quieatus  gratia.,  Festus),  Liv.  xxiii  16. 
These  nere  little  used  in  ancient  times.  A  common  soldier 
was  not  allowed  a  slave,  but  the  officers  were,  Sadust.  Jug. 
45.  The  Lixa  were  sometimes  altogether  prohibited,  ibid. 
At  other  times  they  seem  to  have  staid  without  the  camp,  in 
what  vvas  calied  Procestria  (adijicia  extra  castra),  Fes- 
tus ;  Tacit.  Hi^st.  iv.  22- 

The  tents  (teiitoria)  were  covered  with  leather  or  skins 
extended  with  ropes  :  lience  sub  peUibus  hiemare^  Flor.  i-  12. 
durare,  Liv-  v-  2.  haberi,  Id.  57.  39-  retineri,  in  tents,  or  in 
camp,  Tacit.  Arm.  13-  35.     So  Cic-  Acad.  iv.  2- 

In  eacti  tent  were  usually  ten  soldiers,  with  their  decanus 
or  petty  officer  who  commanded  taem,  {qui  lis  prcijuif)  , 
which  was  properly  called Contusernium,  and  they  Ccn- 


404  ROMAN  ANTIQUITIES. 

tubernales.  Hence  young  noblemen  under  the  general's  par- 
.  ticular  care,  were  said  to  serve  in  his  tent,  {contuhtrnio 
ejus  militare),  and  were  called  his  Contubernales.  Sutt' 
Jul.  42.  Cic.  Coel.  30.  Plane.  21.  Sallust-  Jug.  64.  Hence, 
Vivere  in  contubernio  alicujus^  to  live  in  one's  family,  Flino 
JLp.  vii.  24.  Contubernalis,  a  companion,  /(/.  i.  19-  x.  3. 
The  centurions  and  standard-bearers  were  posted  at  the 
li^d  of  their  companies. 

'  The  different  divisions  of  the  troops  were  separated  by  in- 
tervals, called  VliE-  Of  these  there  were  five  long  vise,  (m- 
longuni),  i,  e-  running  from  the  decuman  towards  the  praeto- 
rian side  ;  and  three  across,  one  in  the  lower  part  of  the 
camp,  called  Quintana,  and  two  in  the  upper,  nameh. ,  the 
Principia  already  described,  and  another  betw  een  the  Pra- 
torium  and  the  Praetorian  gate.  The  rov/s  of  tents  beuveen 
the  vice  were  called  Strict,  {pvfic.i ) 

In  pitching  the  camp,  different  divisions  of  the  army  were 
appointed  to  execute  different  parts  of  the  nork,  under  the 
inspection  of  the  tribunes  or  centurions,  t/?^i;cm2/.  viil.  147. 
as  they  likev.ise  were  during  the  encampment  to  perforni 
different  services,  (ministeria), to  procure  w'.iter,f(  .'rage,  wood, 
&,c.  From  these  certain  persons  were  exempted, ^//www/zej  o- 
perum  milifariiim^  in  unum  pugncs  labor  cm  reservati^  Liv.  vii. 
7-)  either  by  law  or  custom,  as  the  Equites,  Val.  Max.  ii.  9, 
7.  the  Evocati  and  veterans,  Tacit.  Annul,  i.  36.  or  by  the 
favour  {benejicio)  of  their  commander;  hence  called  Be- 
NEFiciARii,  Festus^  Cces-  B.  C.  i.  75.  But  afterwards  this 
exemption  used  to  be  purchased  from  the  cer;turions,  which 
proved  most  pernicious  to  military  discipline,  Tacit.  Annul. 
i.  17.  Hist.  I.  46.  The  soldiers  obliged  to  perf(jrin  these  ser» 
vices  were  called  Munifices,  Feget,  ii.  7.  19. 

Under  the  emperors  there  was  a  particular  officer  in  each 
legion,  who  had  the  charge  of  the  camp,  called  Pr^fec  tus 
CASTRORUM,  Tucit.  Ann.  i.  20.  xiv.  37.  Hist,  ii-  29.  Fe- 
^et.  ii.  10. 

A  certain  number  of  maniples  were  appointed  to  keep 
guard  at  the  gates,  on  the  rampart,  and  in  other  places  of  the 
camp,  before  the  Pnetorium^  the  tents  of  the  J^eguti^  Quaes- 
tor, and  tribunes,  both  by  day  and  by  night,  {agere  excu- 
bias  vel  stationes  et  vigilias),  who  were  changed  every  thre? 
fcoursj  Polyb,  y'u  33" 


Discipline  of  the  Romans,  ^c-  405 


ExcuB I. E denotes  watches  either  by  day  or  by  night ;  Vi- 
gil i  /e,  only  by  night.  Guards  placed  before  the  gates  w  ere 
properly  called  Stationes,  on  the  rampart  CusxoDiiE, 
Liv.  XXV.  40.  xliv.  33.  But  stdtio  is  also  put  for  any  post ; 
hence,  Fctat  Pythagoras  injussu  imperatorisy  id  est,  Dei,  de 
prisidio  et  statione  vit<e  dtcedere,  Cic' Sen.  20.  Whoever 
deserted  his  station  was  punished  with  death,  Suet-  Aug, 
24. 

Evcrj'  evening  before  the  watches  were  set,  (antequam 
vigilia'  disponerenfur),  the  watch-word  isj/jnl)olut)i')orprWi\iQ 
tiignal,  by  which  they  might  distinguish  friends  from  foes, 
Dio.  xliii.  34.  was  distributed  through  the  army  by  means 
of  a  square  tablet  of  wood  in  the  form  of  a  die,  called  TES- 
SERA, from  its  four  corners,  (n^o-a^ff,  .c,  qiiatuor).  On  it 
was  inaCribed  wuZl^^^^  ^^^^^  o^  ^^^rds  the  general  chose, 

which  he  seems  to  have  varied  evc.T  "^^^^'  -^''^^/^-  '''*  ^^' 

A  frequent  watch-uord  of  Marius  was  LA'fr  ^^  ^^^  L 
Sylla,  Apollo  Delphicus,  and  of  Caesar,  Venus  Ge- 
niTRix^^c.  Serv,  ad Firg.  ^n-  vii-  637.  ofBru'^us,  li- 
JBERTAS,  Dio.  47.  43.  It  was  given  {tessera  auta  est)  by  the 
general  to  the  tribunes  and  prefects  of  the  allies,  by  them 
to  die  centurions,  and  by  them  to  the  soldiers.  The  person 
who  carried  the  Tessera  from  the  tribunes  to  the  centurions, 
was  called  Tess^rarius,  Tacit.  Hist.  i-25. 

In  this  manner  also  the  particular  commands  of  the  ge- 
neral were  made  known  to  the  tro(  ps,  Liv-  vii-  35-  ix.  32. 
xxvii-  46.  xxviii.  14.  Suet.  Galb  6.  which  seems  likewise 
sometiiues  to  have  been  done  vva  voce.,  Liv.  xliv.  33. 

Every  evening  when  the  general  dis-nissed  his  chief  offi- 
cers and  friends,  {cum  PRiExoRiuM  dimittebat),?Sx.QY  giving 
them  his  commands,  Jill  the  trumpets  sounded,  Z/ZV.  xxx.  5* 
xxi.  54.  xxvi.  15-  xxxvii-  5. 

Certain  persons  were  every  night  appointed  to  go  round 
ici?'cumire  vel  obirej  the  watches  ;  hence  called  circ ui- 
TOREs,  vel  Circi tores.  This  seems  to  have  been  at  first 
done  by  the  equites.,  Liv-  xxii.  1-  and  tribunes,  Id.  xxviii, 
24-  on  extraordinary  occasions  by  the  legati  and  general 
himself,  Salhist-  Jug-  45.  At  last  particular  persons  were 
phosen  for  that  purpose  by  the  tribunes,  Feget.  iii  8. 

The  Romans  used  only  wind-instniments  of  music  in  the 


406  ROMAN  ANTIQUITIES. 

armv.  These  were  the  TUBx\,  straight  like  our  trumpet ; 
CORNU,  the.hom,  bent  ahnost  round  ;  RUCCINA,  simi- 
lar to  the  horn,  commonly  used  by  the  watches ;  LITUUS, 
the  clarion,  bent  a  little  at  the  end,  like  the  augur's  staff,  or 
lituus  /  all  of  brdss  :  Whence  those  who  blew  them  were 
called  iENEATORES,  Suet.  Jul  32.  The  Tuha  was 
used  as  a  signal  for  the  foot,  thf-  Uitvus  for  the  horse,  Acrom 
ad  Horot.  Od.  i-  1.  23.  but  they  're  somttimes  confounded, 
Viri(.  j^n.  vi.  167.  and  both  called  Concha,  because  first 
made  of  shells, /(/  171. 

The  signal  was  given  for  changing  the  watches  Cvhjliis 
mutandis)  with  a  trumpet  or  horn,  (tuba),  Lucan-  viii.  24. 
(buccina),  Liv.  vii.  35.  Tacit-  P/ist.  v  22-  hence  ad  ttrtiam 
huccinam,  for  vigiham,  Liv-  xxvi.  15.  and  the  time  was  de-, 
termined  by  hour-glasses,  iper  clepsydras^,  Veget-  iii-  8. 
See  p.  265. 

A  principal  part  of  the  discipline  of  the  camp  consisted 
in  exercises,  (whence  tlie  army  was  called  Exercitus), 
walking  and  running  (rt'^cwr.vzo)  completely  armed,  Liv.  xxiii. 
35-  xxvi.  51.  xxix.  22.  Polyb.  vi.  20.  leaping,  swimming. 
Suet.  Aug.  65-  vaulting (w/zVzo)  npon  horses  of  wood,  Veget. 
\.  18.  shooting  the  arrow,  and  throwing  the  javelin  ;  attack- 
ing a  wooden  figure  of  a  man  as  a  real  enemy,  (exercitia  ad 
fialum.,  vel  Palaria),  Juvenal-  vi.  246.  the  carrying  of 
weights,  &.C.  Firg.  G.  iii,  346. 

When  the  general  thought  proper  to  decamp,  (castra  mo- 
vere),  he  gave  the  signal  for  collecting  their  baggage,  (col- 
ligendi  vasa),  whereupon  all  took  down  their  tents,  {taber- 
nacula  detendebant),  but  not  till  they  saw  this  done  to  the 
tents  of  the  general  and  tribunes,  Polyb.  vi.  Upon  the  next 
signal,  they  put  their  baggage  on  the  beasts  of  burden  ;  and 
upon  the  third  signal  began  to  march  ;  first  the  extraordina- 
rii  and  the  allies  of  the  right  wing  with  their  baggage ;  then 
the  legions  ;  and  last  of  all,  the  allies  of  the  left  wing,  with  a 
party  of  horse  in  the  rear,  fadagmen  cngendwiu  i-  e.  colli- 
gendum, to  prevent  straggling),  and  sometimes  on  the  flanks, 
in  such  order,  (composito  agmine,  non  itineri  magis  apto, 
quam  pre  ho),  that  they  might  readily  be  formed  into  the  line 
of  battle,  if  an  enemy  attacked  them. 

An  army  in  close  array  was  called  Agmen  pi  latum, 


Discipline  ©/"M^  Romans,  &fc.  407 

Serv.  in  Virg.  j^n.  xii.  121.  \^\justum^  Tacit,  hist.  i.  68.' 
When  undt-r  no  apprehension  of  an  enemy,  they  were  less 
guarded,  (agmine  mcautOy  i.  e-  minus  munito,  ut  inter  pacatos 
ducebat^  sc.  consul),  Liv.  xxxv.  4. 

Tlie  form  of  the  army  on  march,  however,  varied  accord- 
ing to  circumstances  and  the  nature  of  the  ground,  Liv. 
xxxv.  4.  27.  28.  It  was  sometimes  disposed  into  a  square, 
(agmen  (^uadratum),  with  the  baggage  in  the  middle, 
Liv.  xxxi.  37-  xxxix.  30.  Hirt.  de  bell-  Gall.  viii.  8.  Tacit, 
Ann.  i.  51. 

Scouis(speadatores)'were  always  sent  before,  to  reconnoi- 
tre the  ground,  (ad  omnia  explorandd)^  Suet-  Jul.  58.  Sail. 
Jug-  46.  A  certain  kind  of  soldiers  under  the  emperors 
were  called  SPECUL  ATORES,  Tacit.  Hist,  i-  24.  25-  27. 
ii.  11.  33.  73.  Suet.  Claud.  35.  0th-  5- 

The  soldiers  were  trained  with  great  care  to  observe  the 
military  pace,  fgradu  militari  incedere),  and  to  follow  the 
standards,  isigna  sequi).  For  that  purpose,  when  encamped, 
thty  were  led  out  thrice  a- month,  sometimes  ten,  sometimes 
twenty  miles,  less  or  more,  as  the  general  inclined-  They 
usually  marched  at  the  rate  of  twenty  miles  in  five  hours, 
sometimes  with  a  quickened  pace,  igradu  vel  agmine  citato) 
twenty-four  miles  in  that  time,  Feget.  i.  9. 

The  load  which  a  Roman  soldier  carried  is  almost  incredi. 
ble,  Virg.  G.  iii-  346.  Herat.  Sat.  ii.  2.  10.  victuals  (cibaria) 
for  fifteen  days,  Cic.  Tusc.  ii-  15.  16.  sometimes  more,  Liv, 
Epit.  57.  usually  corn,  as  being  lighter,  sometimes  drest  food, 
(coctus  cibus),  Liv.  iii-  27.  utensils,  iutensilia),  ib.  42-  a  sav/, 
a  basket,  a  mattock,  (rutrumJ,  an  ax,  a  hook,  and  leathern 
thong,  {falx  et  lorum  ail  pabulandumj,  a  chain,  a  pot,  &c. 
Liv.  xxviii.  45-  Horat  Rpod.  ix.  13.  stakes,  usually  three  or 
four,  sometimes  twelve,  Liv-  iii-  27.  the  whole  amounting  to 
sixty  pounds  weight,  besides  arms  ;  for  a  Roman  soldier 
considered  these  not  as  a  burden,  but  as  a  part  of  himself, 
{arma  membra  milites  ducebant),  Cic.  Tusc.  ii.  16. 

Under  this  load  they  commonly  marched  twenty  miles  a- 
day,  sometimes  more,  Feget.  i.  10.  Spartian.  Adrian.  10. 

There  were  beasts  of  burden  for  carrying  the  tents,  mills, 
baggage,  &.C.  (Jumenta  sarcinaria,  C^s.  B.  C.  I  81.) 
The  ancient  jRomans  rarely  used  waggons,  as  being  more 
cumbersoi^i  Sallust-  Jug.  45^ 


408  ROMAN  ANTIQUITIES. 

The  geiiei-al  usually  marched  in  the  centre,  sDmetimes  in 
the  rear,  or  wherever  his  presence  was  necessary,  Ibid-  et 
Folyb,  X.  22. 

When  they  came  near  the  place  of  encampment,  some  tri- 
bunes  and  centurions,  with  proper  persons  appointed  for 
that  service,  (cum  metatoribusj,  were  sent  before,  to  mark 
out  the  ground,  and  assign  to  each  his  proper  quarters,  which 
they  did  by  €;recting  flags  Cvexilla)  of  different  colours  in 
the  several  parts. 

The  place  for  the  general's  tent  was  marked  with  a  white 
Eag  :  and  when  it  was  once  fixed,  the  places  of  the  rest  fol- 
lowed of  course,  as  being  ascertained  and  known,  Folyb.  vi. 
39.  When  the  troops  came  up,  they  immediately  set  about 
making  the  rampart,  {vallum  jaciebant)^  while  part  of  the  ar- 
my kept  guard  {presidium  agitabant\  to  prevent  surprise. 
The  camp  was  always  marked  out  in  the  same  manner,  and 
fortified,  if  they  were  to  continue  in  it  only  for  a  single 
jiight,  Joseph,  bell.  Jud.  iii.  6. 

IV.  The  ORDER  of  BATTLE,  and  the  different 
STANDARDS. 

nnHK  Roman  army  was  usually  drawn  up  in  three  lines, 
-■-  ftriplice  acie,  vel  triplicibus  subsidiis,  Sallust.  Jug-  49-) 
each  several  rows  deep. 

The  Hastati  were  placed  in  the  front  line,  fin  prima  acie^ 
vel  in  principiis)  the  Principes  in  the  second  ;  and  the  Tri- 
arii  or  Pilani  m  the  third  ;  at  proper  distances  from  one  ano- 
ther. The  Pnncipes  are  supposed  anciently  to  have  stood 
foremost :  hence  post  principia,  behind  the  first  line,  Ter^ 
Eun.  iv-  7.  11.  Liv.  ii.  65.  iii.  22.  viii.  10.  Transvorsis 
principiis,  the  front  or  first  line  being  turned  into  the  flank, 
Sallust.  Jug.  49.  Liv.  viii.  8.  xxxvii.  39. 

A  maniple  of  each  kind  of  troops  was  placed  behind  one 
another,  so  that  each  legion  had  ten  maniples  in  front.  They 
were  not  placed  directly  behind  one  another  as  on  march, 
(agmine  quadratoJ,  but  obliquely,  in  the  form  of  What  is 
called  a  Quincunx,  Vir.  G.  ii.  279.  unless  when  they  had  to 
contend  with  elephants,  as  at  the  battle  of  Zama,  Polyb.  xv. 
9.  et  Appian.  Liv.  xxx.  33.  There  were  certain  intervals  or 
spaces  ( VI  .'i'.)  not  only  between  the  lines,  but  likewise  be. 


Ordjer  of  Battle,  ^c.  409 

tWeeii  the  mamples.  Hence  ordines  explicare,  to  arrange  irt 
order  of  battle,  Liv.  iii.  60.  and  in  the  maniples  each  man 
had  a  free  sjjace  of  at  least  three  feet,  both  on  tlie  side  and 
behind,  Polyb,  xvii.  26- 

The  Vehtca  were  placed  in  the  spaces  or  Intervals  {in  vi- 
is)  between  the  maniples,  Liv.  xxx.  33.  Sallust.  ibid,  or  on 
the  \viiigs,  xlii  58. 

Thi-  Roman  l'^c;ions  possessed  the  centre,  (mediam  aciem 
tenehant),  the  allies  and  auxiliaries  the  right  and  left  vvings, 
{cornua),  Liv.  xxxvii.  39.  The  cavalry  were  sometimes 
placfid  behind  the  foot,  whence  they  were  suddenly  let  out 
on  tiie  enemy  through  the  intervals  between  the  maniples, 
Lw.  X.  5.  but  they  were  commonly  posted  on  the  wings, 
Liv-  xxviii.  14.  hence  called  ALiE,  Gell.  xvi.  4  Plin.  ep- 
7.  30.  which  name  is  commonly  jipplied  to  the  cavalry  of 
the  allies,  (alarii  vel  alarii  eguitesJ,  Liv.  xxxv.  5.  Cic.  Fam. 
ii.  17- when  distinguished  from  the  cavalry  of  the  legions, 
fequifes  legionarii)^  Liv.  xl.  40.  Cses,  B.  G.  i-  4L  and  like- 
wise to  the  auxiliarj'  inftAntry,  fcohortes  alares  vel  alarice), 
Liv.  x.  40.  43-  Caes.  B.  C.  i.  65.  h.  16. 

This  arrangement  however  was  not  always  observed. 
Sometimes  all  the  different  kinds  of  troops  were  placed  in 
the  same  line-    For  instance,  when  there  were  two  legions, 
the  one  legion  and  its  allies  were  placed  in  the  first  line,  and 
the  other  behind  as  a  body  of  reserve,  (in  subsidiis  vd.pr<esi- 
di?s),  Liv.  xxvii-  2.  12-  xxix-   2  xxx.    18*  This  was  called 
AciEs  DUPLEX,  Ct^s.  B.  C.  i.  75-  Sallust.   Cat.  59.  when 
there  was  only  one  line,  Acies   Simplex,   CVj.  B.  G.  iij, 
25.  Afr.  12-  53.     Some  think,  that  in  latter  times  an  army 
was  drawn  up  in  order  of  battle,  without  any  regard  to  the 
division  of  soldiers  into  different  ranks.     Li  the  description 
of  Cesar's  battles  there  is  no  mention  made  of  the  soldiers 
being  divided  into  Hastati.,  Principes,  and  Triar'd,  but  only 
of  a  certain  number  of  legions  and  cohorts,  which  Caesar 
generally  drew  up  in  three  lines,  Cas.  B.  G.  i.  19-  41.  ii. 
22.  iv.  11.  B  C'l.  57.  75.  iii.  74.  ylfr.  53.    So  Sallust.  Cat. 
59.  Tacit.  Hist,  ii-  24.     In  the  battle  of  Pharsalia  he  form- 
ed a  body  of  reserve,  which  he  calls  a  fourth  line,  (c^uar- 
TAM  aciem  ins f it uit),  to  oppose  the  cavalry  of  Pompey, 

which  indeed  determined  the  fortune  of  the  dav,  B.  C-  iii, 

3H 


i>lO  ROMAN  ANTIQUITIES. 

76.     This  was  properly  called  AciEs  QUADRUPLEx  :  as. 
B-  Afr.  58. 

In  the  time  of  Csesar  the  bravest  troops  were  commonly 
placed  in  the  front.  Sallust.  et  CrfS'  ibid,  contrary  to  the  an- 
cient custom.  This,  and  various  other  alterations  in  the 
military  art.  are  ascribed  to  Marius. 

AciEs  is  put  not  only  for  the  whole  or  part  of  an  army 
in  order  of  battle ;  as,  Aciem  instruere^  aquare,  exornare, 
explicare,  extenuare^  fir mare^  pertur bare,  instaiir are,  res- 
tituere^  redtntegrare,  &c.  but  also  for  the  battle  itself,  Cic* 
/"am-  vi.  3.  Suet-  Aug.  20.  Commissam  aciem  secutus  est 
terrace  tremor,  there  happened  an  earthquake  after  the  fight 
was  begun,  J^/or.  ii.  6.  Post  acies  primas,  after  the  first  bat- 
tle,  Ovid.  Met.  xiii.  207  .Each  century,  or  at  least  each  man- 
iple, had  its  proper  standard  and  standard-  bearer,  Varro,  de 
Lat.  ling,  iv,  16-  Liv.  viii-  8.  Veget.  ii.  23.  Hence  milites 
sign!  unius,  of  one  maniple  or  century,  Lw.  xxv.  23.  xxxiii. 
1.  9-  Reliqua  signa  in  subsidio  artius  callocat,  he  places  the 
rest  of  the  troops  as  a  body  of  reserve,  or  in  the  second  line 
more  closely,  Sallust.  Cat.  59.  signa  inferre,  to  advance  ; 
convertere,  to  face  about,  C<es-  B-  G.  i-  25.  efferre,  to  go 
out  of  the  camp,  Liv.  xxv.  4-  a  signis  discedere,  to  desert, 
Ibid.  20.  referre  ,  to  retreat ;  also  to  recover  the  standards, 
Virg.  .Mu'  vi.  826.  signa  conferre,  vel  signis  collatis  confii- 
gere,  to  engage ;  signis  infestis  inferri,  ire  vel  incedere^  to 
march  against  the  enemy  ;  urbem  intrare  sub  signis,  Liv- 
iii.  51.  sub  signis  legiones  ducere,  in  battle  order,  Cic,  Att. 
xvi-  8-  signa  infesta  ferre,  to  advance  as  if  to  an  attack, 
Virg.  Mn-  v-  582. 

The  ensign  of  a  manipulus  was  anciently  a  bundle  of  hay 
on  the  top  of  a  pole,  TSee  p-  395  J  whence  miles  manipnla-' 
res,  a  common  soldier,  Ovid.  Fast.  iii.  116-  Afterwards  a 
spear,  with  a  cross  piece  of  wood  on  the  top,  sometimes  the 
figure  of  a  hand  above,  probably  in  allusion  to  the  word 
viampuhis  ;  and  below,  a  small  round  or  oval  shield,  com- 
monly of  silver,  Plin.  xxxiii.  3.  also  of  gold,  Herodian.  iv. 
7.  on  which  were  represented  the  images  of  the  warlike  dei- 
ties, as  Mars  or  Minerva;  and  after  the  extinction  of  liljer- 
ty,  of  the  emperors,  Tacit.  Ann.  i.  43.  Hist,  i*  41.  iv.  62. 
er  of  their  favourites,  Suet.  Tib.  48.  CaL  14.    Hence  the 


Order  of  Battle,  ^r.  411 

standards  were  called  Numina  legionum,  and  worshipped 
with  rdigious  adoration,  Suet.  Cai  14.  Vit.  2.  Tacit.  Ann, 
i.  39.  Feget.  ii.  6.  Tlie  soldiers  swore  by  them,  Zwcrt;/.  i. 
374. 

We  read  also  of  the  standards  of  the  cohorts,  IJv,  xxvii. 
15.  C(es.  B.  G.  ii.  25.  Tacit-  Ann.  i.  18.  Hi.^t.  i.  41.  as  of 
prefects  or  commanders  of  the  cohorts,  Salhist.  Jug.  46. 
But  then  a  whole  is  supposed  to  be  put  for  a  part,  cohorfcji 
for  manipuli  or  or  dines,  which  ^\ere  properly  said  ad  signa 
cnnvenire  et  contineri,  Cass-  B.  G.  vi.  1.  31,  37.  The  divi- 
sions of  the  legion,  however,  seem  to  have  been  different  at 
different  times.  Caesar  mentions  120  chosen  men  of  the 
same  century,  B.  C.  iii.  76.  and  Vegetius  makes  rnanipu- 
lus  the  same  with  cojitubernium,  ii.  13.  It  is  at  least  cer- 
tain that  there  always  was  a  diversity  of  ranks,  Ordtnes 

INFERIORES    ET   SUPERIORES,   C<£S,  B.   G.  vi-   34.   TaClt. 

Hist.  i.  52.  iv.  59.  and  a  gradation  of  preferments,  Or  di- 
nes vel  gradus  iniliti(e,\h\(S..  et  Caes.  B.  C.  i.  44-  Suet- 
Claud.  25.  The  divisions  most  frequently  mentioned  are 
Cohort  Es,  battalions  of  foot,  andTuRM^,  troops  of  horse, 
Cic-  Marcel.  2.  Fam.  xv.  2.  Att.  vi.  2.  Cohors  is  some- 
times applied  to  the  auxiliaries,  and  opposed  to  the  legions. 
Tacit.  Hist.  IV  89.  v.  18.  It  is  also,  although  more  rarely, 
applied  to  cavalry,  Plin.  Ep.  x.  107. 

The  standards  of  the  difterent  divisions  had  certain  letters 
inscribed  on  them,  to  distinguish  the  one  from  the  other,  Fe- 
get  ii.  13. 

The  standard  of  the  cavalry  was  called  VEXILLUM,  a 
flag  or  banner,  i.  e.  a  square  piece  of  cloth  fixed  on  the  end 
of  a  spear,  Liv.  used  also  by  the  foot,  Cas.  B.  G,  vi.  ^3-  37. 
particularly  by  the  veterans  who  had  served  out  their  time, 
but  under  the  emperors  were  still  retained  in  the  armj^,  and 
fought  in  bodies  distinct  from  the  legion,  under  a  particular 
standard  of  their  own,  Csub  vexillo,  hence  called  VEXIL- 
LARTI),  Tacit.  Ann.  i.  17,  26.  36.  38  But  Ve.xillum  or 
Vexillatio  is  also  put  for  any  number  of  troops  following  one 
standard,  Tacit.  Hist,  \.  31.  70.  Suet,  Galb.  18-  Stat.  Theb. 
xii.  782. 

To  lose  the  standards  was  always  esteemed  disgraceful, 
M'jgmn    pcrderc  crimen  crat,  Ovrd.  Fast,  iii-  114,)  parti- 


412  ROMAN  ANTIQUITIES.  ^HH 

cularly  to  the  standard-bearer,  Ce£s.  B-  G.  iv.  23-  v.  29.  B- 
C.  i  54.  sometimes  a  capital  crime,  Liv.  ii-  59.  Hence,  to 
animate  the  soldiers,  the  standards  were  sometimes  thrown 
among  the  enemy,  Lw.  iii.  70.  vi.  8.  xxv.  14-  xxvi.  5. 

A  silver  eagle,  with  expanded  wings,  on  the  top  of  a  spear, 
sometimes  holding  a  thu-n  derbolt  in  its  claws,  with  the  fi- 
gure of  a  small  chapel  above  it,  Dio.  xl.  18.  was  the  com- 
mon standard  of  the  legion,  at  least  after  the  time  of  Mari- 
us  ;  for  before  that,  the  figures  of  other  animals  were  used, 
P/?n.  x.  4.  S'  5-  Hence  AQUIL  A  is  put  for  a  legion,  Cees. 
Hisp.  30.  and  aquila  signaque  for  all  the  standards  of  a  le- 
gion, Tacit,  passim.  It  was  anciently  carried  before  the  first 
maniple  of  the  Triarii.  but  after  the  time  of  Marius,  in  the 
lirst  line,  and  near  it  was  the  ordinary  place  of  the  general, 
Sallust-  Cat.  59.  almost  in  the  centre  of  the  army,  thus,  Me- 
dio DUX  AGMiNE  Tumus  vertitur  orma  tenetts ^Virg.  JEn, 
jx.  28.  usually  on  horseback,  JL?v.  vi.  7.  SalL  Cat.  59-  des. 
B  Gall.  i.  25.  So  likewise  the  Legati  and  Tribunes,  Ibid. 
&  C<es.  vii.  65. 

The  soldiers  who  fought  before  the  standards,  or  in  the 
first  line,  were  called  ANTESIGNANI,  Liv.  ii-  20.  iv.  37. 
vii.  16.  33.  ix.  32.  39-  xxii.  5.  xxx.  33.  C^es  B.  C  i.  41-  52. 
Those  behind  the  standards,  {post  signaj  POSTSIGNA- 
NI,  iiv.  viii.  11.  Frontin.  Strateg.  i.  3.  17.  vel  SUBSIG- 
N  ANI,  Tacit.  Hist'  i.  70.  but  the  Subsignani  seem  to  have 
been  the  same  with  the  Fexillarii,  or  privileged  veterans. 
Id.  IV.  33.  Ann.  i.  36- 

The  general  was  usually  attended  by  a  select  band,  call- 
ed COHORS  PRETORIA,  Cie.  Cat.  II-  n.Fam.  x. 
SO.  Sallust-  Cat.  60.  Jug.  98.  first  instituted  by  Scipio  Af- 
ricanus,  Festus  ;  but  something  similar  was  used  long  be- 
fore that  time,  Liv.  ii.  20-  not  mentioned  in  Caesar  unless 
by  the  by,  ^.  G.  i.  31. 

When  a  general,  after  having  consulted  the  auspices,  had 
determined  to  lead  forth  his  troops  against  the  enemy,  a  red 
flag  was  displayed,  (vexillum  vel  signuin  piign<e  proponeba- 
tur,)  on  a  spear  from  the  top  of  the  Fnetoritim.,  C«s.  de  bell. 
G.  ii.  20.  Liv-  xxii.  45.  which  was  the  signal  to  prepare  for 
battle.  Then  having  called  an  assembly  by  the  soimd  of  a 
trumpet,  CclassicOj  i-  e.  tuba  condone  advocata,  Liv.  iii.  62'. 


Order  o/" Battle,  err.  4X3 

vii.  36-  viii,  7.  32.)  be  Inrangued  (aUoquehaturJ  the  sol- 
diers, who  usually  signified  their  apprr)bation  hy  shouts,  by 
raising  their  ri^ht  hands,  ib.  ^Lucan,  i.  386,  or  by  beating  on 
their  shields  with  their  spears.  Silence  was  a  mark  of  timi- 
dity, Lucan.  ii.  596.  This  address  was  sometimes  made 
in  the  open  field  from  a  tribunal  raised  of  turf,  (e  tribunali 
ces^ititin  aut  vindi  cespite  extrurto,')  Tacit.  Ann.  i.  18. 
Plin-  Pantg.  56  Si:;*.  Silv.  v.  2.  1-^.4.  A  general  always  ad- 
dressed his  troops  by  the  title  oimilites:  Hence  Csesar  great- 
ly mortified  the  soldiers  of  the  tenth  legion,  when  they  de- 
manded their  discharge,  b}"  calling  thom  Quirites  instead 
of  Mi  LITE  s,  Dio.  xlii-  53.  Suet.  Cass-  70. 

After  tiie  harangue  all  the  trumpets  sounded,  (signa  cane- 
bant  J  which  was  the  signal  for  m;irching,  Lucan.  ii-  597. 

At  the  same  time  the  soldiers  called  out  To  arms,  (ad 
ARM  A  conclamatiim  est  J  The  standards  which  stood  fixed 
in  tlie  ground  were  polled  up,  fcurfvellebantur  J  Liv.  iii. 
50.  54-  vi.  28-  Virg-  jEn.  xi.  19.  If  this  was  done  easily,  it 
was  reckoned  a  good  omen  ;  if  not,  the  contrary,  Liv.  xxii. 
3.  Cic  div.  i.  35.  Val  Max.  i.  2.  11.  Lucan.  vii.  162. 
Hence,  Aqiiih  prodire  nolentes,  the  eagles  unwilling  to  move, 
Flor.  ii-  6.  Dio.  xl  18.  The  watch- word  was  given,  (signum 
datum  est  J,  either  viva  voce,  or  by  means  oi  a.  tessera,  Caes.' 
de  B.  G.  ii-  20.  de  B.  Afric.  83.  as  other  orders  were  com- 
municated, Liv.  V.  36.  xxi.  14.  In  the  mean  time  many  of 
the  soldiers  made  their  testaments,  {in  procinctu,  seep.  62.} 
Gell.  XV.  27. 

When  the  army  was  advanced  near  the  enemy  {intra  teli 
conjectum,  unde  aferentariis  pralium  committi  poss£t,J  the 
general  riding  round  the  ranks,  again  exhorted  them  to  cou- 
rage, and  then  gave  the  signal  to  engage.  Upon  which  all  the 
trumpets  sounded,  and  the  soldiers  rushed  forward  to  the 
charge  with  a  great  shout,  {maxima  clamore  procurrebant 
cum  si^nis  vel  pilis  infestis,  i.  e.  in  host  em  versis  vel  direc- 
its  J  Sallust.  Cat-  60.  Cass-  B.  Civ.  iii-  92.  Liv.  vi.  8-  &c. 
Die-  xxxvi.  32.  which  they  did  to  animate  one  another  and 
intimidate  the  enemy,  Ctes.ibid.  Hewce  primus  clamor  atque 
impetus  rem  decrevit,  when  the  enemy  were  easily  conquer- 
ed, Liv.  XXV.  4. 

The  Felites  first  began  the  battle ;  and  when  repulsed  re- 


414  ROMAN  ANTIQUITIES. 

treated  either  through  the  intervals  between  the  files,  (.per  m^ 
tervalla  ordinum^)  or  by  the  flanks  of  the  army,  and  rallied 
in  the  rear-  Then  the  Hastati  advanced ;  and  if  they  were  de- 
fei'ted,  they  retired  slowly  {presso  pede)  into  the  intervals  of 
the  ranks  of  the  Principes,  or  if  greatly  fatigued,  behind  them. 
Then  the  Principes  engaged ;  and  if  they  too  were  defeated, 
the  Triarii  rose  up,  iconsurgebant  :J  for  hitherto  they  conti- 
nued in  a  stooping  posture,  isubsidebanty  hinc  dicti  subsi- 
DiA,  F^stus,)  leaning  on  their  right  knee,  with  their  left  leg 
stretched  out,  and  protected  with  their  shields ;  hence  Ad 
TRiARiosvENTUM  EST,  itis  comc  to  thc  last  push,  Liv. 
viii.  8. 

Thc  Triarii  receiving  thc  Hastuti  and  Principes  into  the 
void  spaces  between  their  manipuli^  and  closing  their  ranks 
fcomprcssis  ordinibus^')  without  leaving  any  space  between 
them,  in  one  compact  body  {uno  continente  agmine)  renewed 
the  combat.  Thus  tlie  enemy  had  several  fresh  attacks  to 
sustain  before  they  gained  the  victory.  If  the  Triarii  were 
defeated,  the  day  was  lost,  and  a  retreat  was  sounded,  irecep-^ 
tui  cecinerunt^)  Liv.  viii.  8-  9. 

This  was  the  usual  manner  of  attack  before  the  time  of 
Marius.  After  that  several  alterations  took  place,  whicli, 
however,  are  not  cxactlj^  ascertained. 

The  legions  sometimes  drew  lots  about  the  order  of  their 
march,  and  the  place  they  were  to  occupy  in  the  field,  7c- 
cit.  Hist,  ii.  41. 

The  Romans  varied  the  line  of  battle  l^y  advancing  or 
withdrawing  particular  parts.  They  usually  engaged  with 
a  straight  front,  {rectafronte^  Festus  ;  vel  (cquatisfrontibuSi 
TibuU.  iv.  1.  103.  (acies  direct  a.)  Sometimes  the 
wings  were  advanced  before  the  centre,  Cacies  sin  u  at  a,) 
Seneca  de  beat  Fit,  4.  Liv.  xxviii.  14.  which  was  the  usual 
method,  Plutarch,  in  Mario  ;  or  the  contrary,  ^acies  gib- 
ber a  \e\jlexaj  which  Hannibal  used  in  the  battle  of  Can- 
nae, Liv.  xxii,  47-  Sometimes  they  formed  themselves  into 
the  figure  of  a  \vedge,  (CUNEUS  vel  trigonum,  a  triangle,) 
called  by  the  soldiers  Caput  toroinum,  hkc  the  Greek 
letter  Delta,  ^.  Livvm.  10.  Quinctil  ii.  13.  Firg.  xii.  269. 
457.  C<es.  vi.  39.  So  the  Germans,  Tacit.  6.  and  Spaniards, 
Liv,  xxxix-  31.   But  cuneus  is  also  put  for  any  close  body, 


Military  Rewards.  41$ 

as  the  Macedonian  phalanx,  Liv.  xxxii.  17.  Sometimes 
they  formed  themselves  to  receive  the  cuneus,  in  'ht  form 
of  a  FORCEPS  or  scissors;  thus,  V,  Geii.  x.  9.  V^iet,  ii. 
19. 

When  surrounded  by  tlie  enemy,  they  often  formed  them- 
selves into  a  round  body,  (OUBIS  vel  GLOBUS,  hence  or- 
bes  facere  vel  vohere;  in  orhcin  se  tutari  vel  conglobarej 
Sallust.  Jug.  97.  Liv.  ii.  50.  iv.  28.  39.  xxiii.  27-  C*.s.  B, 
G.  iv.  37.  Tacit.  Ann-  ii.  11. 

When  they  advanced  or  retreated  in  separate  parties,  with- 
out remaining  in  any  fixed  position,  it  was  called  SERRA, 
Fesfus. 

When  the  Romans  gained  a  victory,  the  soldiers  with 
shouts  of  joy  saluted  their  generd  by  the  title  of  IMPERA- 
TOR.  (Seep.  175. "i  His  lictors  wreathed  theirycyc<?5  vvith 
laurel,  Plutarch,  in  LiiculL  as  did  also  the  soldiers  their 
spears  and  javelins,  Stat  Sylv.  v.  i.  92.  Alartial-  vii'  5.  6. 
Plin.  XV-  30.  He  immediately  sent  letters  wrapped  round 
with  laurel  {Uteres  laureate)  to  the  senate,  to  inform  them  of 
his  success,  to  which  Ovid  alludes,  Amor.  i.  11.  25.  and  if 
the  victory  was  considerable,  to  demand  a  triumph,  Liv.  xlv. 
1.  Cic.  Pis.  17.  Att-  V.  20.  P'am.  ii.  10.  Appian.  h.  Mithrid. 
p.  223.  to  which  Persius  alludes,  vi-  43.  Letters  of  this  kind 
were  seldom  sent  under  the  emperors,  Z)zo,  liv.  11.  Tacit' 
Agric- 18.  If  the  senate  approved,  they  decreed  a  thanksgiv- 
ing {supplicatio,  vel  mpplicium^  vel  gratulatio,  Cic  MarcelL 
4.  Fam.  ii.  18)  to  the  gods,  and  confirmed  to  the  general 
the  title  o^  Imperator,  which  he  retained  till  his  triumph  or 
return  to  the  city,  Cic.  Phil.  xiv.  3,  4,  5.  In  the  mean  time 
his  lictors  having  the  fasces  wreathed  with  laurel,  attended 
him,  lb. 

y.  MILITARY  REJVARDS. 

AFTER  a  victor>%  the  general  assembled  his  troops,  and 
in  presence  of  the  whole  army  bestowed  rewards  on 
those  who  deserved  them-    These  were  of  various  kinds. 

The  highest  reward  was  the  civic  crown,  (CORONA 
CIVIC  A),  given  to  him  who  had  saved  the  life  of  a  citizen, 
Gell.  v.  6.  Liv-  vi-  20.  x-  46.  with  this  inscription,  ob  civem 
3ERVATUM,vel  -esrtos,Senec-ckm\-2Q.m.-ii^^  of  oakJeaves, 


416  ROMAN  ANTIQUITIES. 

{efronde  querna^  hence  called  Quercus  civilis,  Virg.  HLn'  vi . 
772. )  and,  by  the  appointment  of  the  general,  presented  by  the 
person  who  had  been  saved,  to  his  preserver,  whom  he  ever 
after  respected  as  a  parent,  Cic.  Plane-  30.  Under  the  em- 
perors it  was  always  bestowed  by  the  prince  itmperatoria 
manu),  Tacit.  Ann.  iii.  21.  xv.  12,  It  was  attended  with 
particular  honours-  The  person  who  received  it  wore  it  at 
the  spectacles,  and  sat  next  the  senate.  When  he  entered, 
the  audience  rose  up,  as  a  mark  of  respect,  {ineunti  etian  ab 
senatu  assurgebatur) ,  Plin.  xxi.  4.  Among  the  honours 
decreed  to  Augustus  by  the  senate  was  this,  that  a  civie  crown 
should  be  suspended  from  the  top  of  his  house,  between  two 
laurel  branches,  which  were  set  up  in  the  vestibule  before  the 
gate,  as  if  he  were  the  perpetual  preserver  of  his  citizens,  and 
the  conquerer  of  his  enemies,  Z)/o,  liii.  16.  Fal.  Max.  ii.  8. 
^fin.  Chid.  Fast.  i.  614.  iv.  953.  Trist.  iii.  1.  35 — 48.  So 
Claudius,  Suet.  17.  hence,  on  some  of  the  coins  of  Augus- 
tus, there  is  a  civic  crown,  with  these  Vv^ords  inscribed,  ob 

(JIVES  'SERVATOS. 

To  the  person  who  first  mounted  the  rampart,  or  entered 
the  camp  of  the  enemy,  was  given  by  the  general  a  golden 
crown,  crlled  Corona  Vallaris  vel  Castrensis,  FaL 
Max-  i.  8*  To  him  who  first  scaled  the  walls  of  acity  in  aji 
assault,  Corona  Muralis,  Liv.  xxvi.  48.  who  first 
boarded  the  ship  of  an  enemy,  Corona  Navalis,  Fes- 
tus^  Gell.  v-  6. 

Augustus  gave  to  Agrippa,  after  defeating  Sextus  Pom* 
peius  in  a  sea-fight  near  Sicily,  a  golden  crown,  adorned 
with  figures  of  the  beaks  of  ships,  hence  called  Ro  strata, 
Virg.  viii.  684.  said  to  have  never  been  given  to  any  other 
person,  Liv.  Epit.  129-  Paterc.  ii-  81.  Dio.  xlix.  14.  but  ac- 
cording to  Festusm  voc.  Navali,  and  Pliny,  vii.  30.  xvi, 
4.  it  was  also  given  to  M.  Varro  in  the  war  against  the  pi- 
rates by  Pompey  ;  but  they  seem  to  confound  the  corona 
rostrata  and  navalis,  which  others  make  different.  So  also 
Suet.  Claud- 17. 

When  an  army  was  freed  from  a  blockade,  the  soldiers 
gave  to  their  deliverer  (ei  duci,  qui  liberavit,  Gell.  v.  6-  a 
crown  made  of  the  grass  whicli  grew  in  tlie  place  where 
they  had  been  blocked  up ;  hence  called  graminea  corona 


Military  Rewards."  417 

OBSIDIONALIS,  Lw.  vii-  37.  Plin,  xxii.  4,  5.  This 
of  all  military  honours  was  esteemed  the  gre:itc'st-  A  few, 
who  had  the  singular  good  fortune  to  obtain  it,  are  recount- 
ed, lb-  5.  &  6. 

Golden  crowns  were  also  given  to  officers  and  soldiers 
wJio  had  displayed  singular  bravery  ;  as  to  T.  Manlius 
Torquatus,  and  M-  Valerius  Corvus,  who  each  of  them 
slew  a  Gaul  in  single  combat,  Liv.  vii.  10.  26.  to  P-  De- 
cius,  who  preserved  the  Roman  army  from  being  surround- 
ed by  the  Samnites,  Id  37.  and  to  others,  x.  44.  xxvi.  21, 
XXX,  15. 

There  were  smaller  rewards  ipremia  minora)  of  various 
kinds  ;  as,  a  speai'  without  any  iroB  on  it,  THasta  Pur  a), 
Virg-  jEn.  vi.  760.  Suet.  Claud-  28. — a  flag  or  banner,  i.  e» 
a  streamer  on  the  end  of  a  lance  or  spear  (VEXILLUM, 
quasi  parvum  velum^  Scrv.  in  Virg.  iEn.  viii.  1.  of  differ- 
ent colours,  with  or  without  embroidery,  (auratum  vel  pu-^ 
rumj .  Sail.  Jug.  85.  Suet.  Aug.  25. — Trappings,  (PHA» 
LERiE,)  ornaments  for  horses,  Virg.  JEtn,  v.  310.  Liv.  xxii. ' 
52.  and  for  men,  Liv.  ix-  46.  Cic.  Alt.  xvi.  17.  Verr.  iii, 
80.  iv.  12.— Golden  chains  C^urea  TORQUESj,  Tacit. 
Annal  ii.  9.  iii-  21.  Juvenal,  xvi.  60.  which  went  round  the 
neck,  whereas  the  Phalerce  hung  down  on  the  breast,  SiL 
Ital.  XV.  52  — Bracelets  (ARMlLLiE),  ornaments  for  the 
arms,  Liv.  x.  44 — Co rnicul  a,  ornaments  for  the  hel- 
met in  the  form  of  horns,  Ibid. — CATELL^^E  vel  Catenu^ 
Ice^  chains  composed  of  rings;  whereas  the  Torques  were 
tnisted  (tort«)  like  a  robe,  Liv.  xxxix.  31. — FIBULAE, 
clasps,  or  buckles  for  fastening  a  belt  or  garment.  Ibid. 

These  presents  were  conferred  by  the  general  in  presence 
of  the  army  ;  and  such  as  received  them,  after  being  public- 
ly praised,  were  placed  next  him,  Sal.  Jug.  54.  Liv.  xxiv^ 
16.  Cic.  Phil  V.  13.  17.  They  ever  after  kept  them  with 
great  care,  and  wore  them  at  the  spectacles  and  on  all  pub- 
lic occasions,  Liv.  x.  47.  They  first  wore  them  at  the 
games,  A.  U.  459  lb- 

The  spoils  (SPOLIA,  vel  Exuvix)  taken  from  the  ene^ 
my,  were  fixed  up  on  their  door-posts,  or  in  the  most  con- 
spicuous  part  of  their  houses,  Firg,  Mn.  ii.  50-1.  /",;-^ 
xxUi.  23. 


418  ROMAN  ANTIQUITIES. 

When  the  general  of  the  Romans  slew  the  general  of  the 
enemy  in  single  combat,  the  spoils  which  he  took  from  him, 
qu<e  duoc  duci  detraxiO^  Were  called  SPOLIA  OPIMA, 
(ab  0/?e,  vel  opihus^  Festiis).  Liv.  iv.  20.  and  hung  up  in 
ihe  temple  of  Jupiter  Feretrius,  built  by  Romulus,  and  re- 
paired by  Augustus,  by  the  advice  of  Atticus,  Nep.  in  vit- 
20.  These  spoils  were  obtr  -ined  only  thrice  before  the  fall 
of  the  republic  ;  the  first  by  Romulus,  who  slew  Acronking 
of  the  Casninenses,  Liv.  i.  10.  the  next  by  A-  Cornelius 
Cossus,  who  slew  Lar  Tolumnius  king  of  the  Vejentes,  A, 
U.  318.  LiV'  iv.  20.  and  the  third  by  M.  Claudius  Marcel- 
lus,  who  slew  Viridomarus,  king  of  the  Gauls,  A-  U.  530. 
Liv.  Epit.  XX.  Firg,  jEn-  vi.  859.  Plutarch  in  Marcello  ; 
Pro  pert.  iv.  11. 

Florus  calls  the  spoils  Opim  a,  which  Scipio  jEmilianus^ 
wlien  in  a  subordinate  rank,  took  from  the  king  of  the  Tur- 
didi  and  Vacc^i  in  Spain,  whom  he  slew  in  single  combat, 
ii.  17.  but  the  Spolia  Opima  could  properly  be  obtained  on- 
ly by  a  person  invested  with  supreme  command,  Dio.  li. 
24. 

Sometimes  soldiers,  on  account  of  their  bravery,  received 
a  double  share  of  corn,  {duplex  frumentiim')^  which  they 
might  give  away  to  whom  they  pleased ;  hence  called  DU- 
PLIC  ARII,  Liv.  ii.  59.  vii.  37.  also  double  pay  {duplex  sti- 
pendium)y  clothes,  &c.  Cas.  bell.  civ.  iii.  53.  called  by  Ci-. 
cero  DiARi A,  Att.  viii.  14. 

VI.  J  TRIUMPH, 

THE  highest  military  honour  which  could  be  obtained  in 
the  Roman  state  was  a  TRIUMPH,  or  solemn  proces- 
sion, with  which  a  victorious  general  and  his  army  advanc- 
ed through  the  city  to  the  Capitol ;  so  called  from  O/jm/n/So?, 
the  Greek  name  of  Bacchus,  who  is  said  to  have  been  the  in- 
ventor of  such  processions,  Varro  de  Lat.  ling.  v.  7.  Plin. 
vii.  56.  s.  57.  It  had  its  origin  at  Rome,  from  Romulus  car, 
rying  the  Spolia  opima  in  procession  to  the  Capitol,  Dionys. 
ii.  34.  and  the  first  who  entered  the  city  in  the  form  of  a  re- 
gular triumph  was  Tarquinius  Priscus,  Liv.  i.  38.  the  next 
P.  Valerius,  Xfi;.ii.  7.  and  the  first  who  triumphed  after  the 
expiration  of  his  magistracy,  (^acto  honor e)^  was  Q,  Publi- 
Ijius  Philo,  Id,  viii.  26. 


A  Triumph.  419 

A  triumph  was  decreed  by  the  senate,  and  sometimes  by 
the  people  against  the  will  of  the  senate,  Liv.  iii.  63.  vii.  17. 
to  the  general  who,  in  a  just  war  with  foreigners,  (.jitsto 
ct  hostili  hello,  Cic.  Dejot-  5.)  and  in  one  battle,  had  shin 
above  5000  enemies  of  the  republic,  and  by  that  victory  had 
enlarged  the  limits  of  the  empire,  Fal.  Max.  ii.  8.  Whence  a 
triumph  was  called  Justus^  which  was  fairly  won,  Cic.  Pis- 
19.  Hor.  Od.  i.  12.  54.  And  a  general  was  said  triumphare 
ct  agere  vel  deportare  triumphum  de  vel  ex  aliqtio  ;  trium- 
phare aliqi/em  vel  aliquid,  Virg.  IP^^n.  vi.  836.  Plin.  v.  5.  du- 
cere^  portare,  vel  agere  eu7n  in  triumpho. 

There  was  no  just  triumph  for  a  victory  in  a  civil  war, 
Val  Max-  ii-  8.  7.  Flor.  iv.  2.  Dio-  xlii.  18.  hence,  Bella  geri 
placuit  nullos  habitura  triumphos  ?  Lucan.  i.  12.  although 
this  was  not  always  observed,  Liv.  Epit.  115.  116.  133. 
Plin.  Paneg.  2.  Dio.  xliii.  19.  nor  when  one  had  been  first 
defeated,  and  afterwards  only  recovered  what  was  lost,  Ores. 
iv.  nor  anciently  could  one  enjoy  that  honour,  who  was  in- 
vested with  an  extraordinary  command,  as  Scipio  in  Spain, 
Liv.  xxviii.  38.  xxxvi.20.  nor  unless  he  left  his  province  in 
a  state  of  peace,  and  brought  from  thence  his  army  to  Rome 
along  with  him,  to  be  present  at  the  triumph,  Liv.  xxvi.  21, 
xxxi.  49.  xxxix.  29.  xlv.  38.  But  these  rules  were  some- 
times violated,  particularly  in  the  case  of  Pompey,  Fal.  Maxl 
viii.  15.  8-  Dio.  xxxvii.  25. 

There  are  instances  of  a  triumph  being  celebrated  without 
either  the  authority  of  the  senate,  or  the  order  of  the  people, 
Liv-  X.  37.  Oros.  v.  4.  Cic.  Ccel.  14.  Suet-  Tib.  2-  Fal, 
Max.\-^.  6.  arid  also  when  no  war  was  carried  on,  Liv,  xl. 
38. 

Those  who  were  refused  a  ti'iumph  at  Rome  by  public 
authority,  sometimes  celebrated  it  on  the  Alban  mountain. 
,This  was  first  done  by  Papirius  Naso,  A.  U.  522.  Fal.  Max. 
iii.  6-  5.  whom  several  afterwards  imitated,  Liv.  xxvi-  21. 
xxxiii.  24-  xlii-  21.  xlv.  38. 

As  no  person  could  enter  the  city  while  invested  with  mi  - 
litary  command,  generals,  on  the  day  of  their  triumph,  were, 
by  a  particular  order  of  the  people,  freed  from  that  restric- 
tion, {Ut  iis,  quo  die  urbem  triwnphantes  invehcrentur.  iim 
peritim  esset)^  Liv»  slv«  35* 


420  ROMAN  ANTIQUITIES. 

The  triumphal  procession  began  from  the  Campus  Mar- 
t'lus ;  and  went  from  thence  along  the  Via  Trmmphalis^ 
through  the  Campus  and  Circus  Flaminius  to  the  Porta  Tri- 
umphalis  ;  and  thence  through  the  most  public  places  of 
the  city  to  the  Capitol-  The  streets  were  strewed  with  flow- 
ers ;  and  the  altars  smoked  with  incense,  Ovid.  Trist.  iv-  2. 
4. 

First  went  musicians  of  various  kinds,  singing  and  play- 
ing R-iumphal  songs  ;  next  were  led  the  oxen  to  be  sacrificed, 
having  their  horns  gilt,  and  their  heads  adorned  with  fillets 
and  garlands ;  then  in  carriages  were  brought  the  spoils  tak- 
en from  the  enemy,  statues,  pictures,  plate,  armour,  gold 
and  silver,  and  brass  ;  also  golden  crowns,  and  other  gifts 
sent  by  the  allied  and  tributary  states,  Liv.  xxxiii.  24. 
xxxvii-  58.  xxxix.  5.  7.  xl.  43.  xlv*  40.  Firg.  Mn.  viii. 
720.  The  titles  of  the  vanquished  nations  were  inscribed 
on  wooden  frames,  iin  Jer cutis).  Suet  Jul.  37.  Cic.  Off- 
i.  36.  and  the  images  or  representations  of  the  conquered 
countries,  cities,  &c.  Liv.  xxvi.  21.  Qidnctil.  vi.  3.  Plin, 
V.  5.  Ovid.  Pont'  ii.  1.  37  iii-  4.  25  Art.  Am.  i.  220.  Flor. 
iv.  2.  The  captive  leaders  followed  in  chains,  with  their 
children  and  attendants  ;  after  the  captives,  came  the 
iictors,  having  \ht\r  fasces  wreathed  with  laurel,  followed 
by  a  great  company  of  musicians  and  dancers  dressed 
like  satyrs,  and  wearing  crowns  of  gold  ;  in  the  midst 
of  whom  was  a  Pantomime.,  clothed  in  a  female  garb, 
whose  business  it  was,  with  his  looks  and  gestures,  to  insult 
the  vanquished.  Next  followed  a  long  train  of  persons  car- 
rying perfumes,  isuffimerita).  Then  came  thegeneral  (DUX) 
drest  in  purple  embroidered  with  gold,  itogapicta  et  tunica 
palmata),  with  a  crown  of  laurel  on  his  head,  Liv-  ii.  47.  ^, 
8-  Dionys.  v-  47  Plin.  xv.  30-  v.  39-  a  branch  of  laurel  in  his 
right  hand,  Plut.  in  jEmil.  and  in  his  left  an  ivory  sceptre, , 
with  an  eagle  on  the  top,  Juvenal,  x-  43-  having  his  face 
painted  with  vermiliion,  in  like  manner  as  the  statue  of  Ju- 
piier  on  festival  days,  Plin.  xxxiii-  7.  s.  06.  and  a  golden 
ball  {aurea  bulla')  hanging  from  his  neck  on  his  breast,  with 
some  amulet  in  it,  or  magical  preservative  against  envy, 
Miicrob.  Sat.  i.  6.  standing  in  a  gilded  chariot,  isians  in 
currii  aurato)^  Liv.  v.  23.  adorned  with  ivory,  Ovid'  Pont. 


A  Triumph.  421 

iii.  4.  35.  Juvenal  viii.  3.  and  drawn  by  four  white  horses, 
Ovid-  Art-  i.  214.  it  least  after  the  time  of  Camilhis,  Liv-  v. 
23.  sometimes  by  elephiuits,  Plin.  viii.  2-  attended  by  his 
relations,  Suet.  Tib.  2-  Domit.  2.  OV.  MuriVn.  5.  and  a 
great  crowd  of  citizens,  all  in  white,  Juvenal,  x.  45.  His 
children  used  to  ride  in  the  chariot  with  (lim,  Liv-  xlv,40. 
Appiaji.  de  Punic-  and,  that  he  mi^ht  not  be  too  much  ela- 
ted, {ne  sibi  placeret),  a  slave,  carrying  a  golden  crown 
sparkling  with  gems,  stood  behind  him,  who  frequently 
whispered  in  his^car,  Remember  that  thou  art  a 
MAN  !  Plin-  xxxiii-  1.  s.  4.  Juvenal,  x.  41.  Zonar.  ii.  Ter- 
tull.  Apolog-  ^3.  After  the  general,  followed  the  consuls 
and  senators  on  foot,  at  least  according  to  the  appointment 
of  Augustus  ;  for  formerly  they  used  to  go  before  him, 
Dio*  li.  21.  His  legati  and  military  tribunes  commonly 
rode  by  his  side,  Cic-  Pis.  25- 

The  victorious  army,  horse  and  foot,  came  last,  all  in 
their  order,  crowned  with  laurel,  and  decorated  with  the 
gifts  which  tliey  had  received  for  their  valour,  singing  their 
own  and  their  general's  praises,  JJv.  v-  49.  xlv.  38.  but 
sometimes  throwing  out  railleries  against  him,  Suet.  JuL 
49.  51.  Dionys'vn.  72.  Martial,  i.  5.  3.  often  exclaiming, 
lo  Triumphe  in  which  all  the-citizens,  a^  they  passed  a- 
long,  joined,  Horat-  Od-  iv.  2.  49.  Ovid.  Trist.  iv.  2.  51. 
Amor-  i.  2.  34. 

The  general,  when  he  began  to  turn  his  chariot  from  the 
Forum  to  the  Capitol,  ordered  the  captive  kings  and  leaders 
of  the  enemy  to  be  led  to  prison,  and  there  to  be  slain,  Cic. 
Verr.  v.  30.  Liv.  xxvi.  13.  D''>o.  xl.  41.  xliii.  19.  but  not 
always,  Appian.  de  bell.  Mithrid.  253.  I^iv.  xlv.  41,  42.  and 
when  he  reached  the  Ctipitol,  he  used  to  wait  till  he  heard 
that  these  savage  orders  were  executed,  Joseph,  de  bell.  Jud, 
vii.  24. 

Then,  after  having  offered  up  a  prayer  of  thanksgiving  to 
Jupiter  and  the  other  gods  for  his  success,  he  commanded 
the  victims  to  be  sacrificed,  which  were  always  white,  Ovid, 
ibid,  from  the  river  Clitumnus,  Virg  G.  ii.  146.  and  depos- 
ited his  golden  crown  in  the  lap  of  Jupiter,  (m  gremio  Jovis), 
Senec.  Helv.  10.  to  whom*  he  dedicated  part  of  the  spoils, 
Plin,  XV.  30.  XXXV.  40.  After  which  he  gave  a  magnificent 


422  ROMAN  ANTIQUITIES. 

entertainment  in  the  Capitol  to  his  friends  and  the  chief  meig 
of  the  city.  The  consuls  were  invited,  but  were  afterwards 
desired  not  to  come,  i.ut  ventre  sup er seder eni)^  that  there 
might  be  no  one  at  the  feast  superior  to  the  triumphant  ge- 
neral, VaL  Max.  ii.  8.  6.  After  supper  he  was  conducted 
home  by  the  people,  with  music  and  a  great  number  of 
lamps  and  torches,  Dio.  xliii.  22.  Flor.  ii.  2.  Cic,  Sen.  13. 
which  sometimes  also  were  used  in  the  triumphal  proces- 
sion. Suet  Jul.  37. 

The  gold  and  silver  were  deposited  in  the  treasury,  Liv. 
X.  46.  and  a  certain  sum  was  usually  given  as  a  donative  to 
the  officers  and  soldiers,  who  then  were  disbanded,  iexaucr 
torati  €t  dimissi),  Liv.  xxviii.  9.  xxx-  45.  xxxvi.  40. — ^The 
triumphal  procession  sometimes  took  up  more  than  one 
day  ;  thatofPaulus  jErriilius  three,  Ptutarch. 

When  the  victory  was  gained  by  sea,  it  was  called  a  Na- 
val Triumph  ;  which  honour  was  first  granted  to  Duilius, 
who  defeated  the  Carthaginian  fleet  near  Liparx  in  the  first 
Punic  war,  A.  U  493.  Liv.  Epit.  17.  and  a  pillar  erected 
to  him  in  the  Forum,  called  Column  a  Rostrata, 
Quinctil.  i.  7.  Sil.  vi.  663'  with  an  inscription,  part  of  which 
still  remains. 

When  a  victory  had  been  gained  without  difficulty,  or 
the  like,  Gdl.  v.  6-  an  inferior  kind  of  triumph  was  granted, 
called  O  VATIO,  in  which  the  general  entered  the  city  on 
foot  or  on  horseback,  Dio.  liv.  8.  crowned  with  myrtle,  not 
with  laurel,  Plin.  xv.  29.  s.  38.  and  instead  of  bullocks,  sa- 
crificed a  sheep,  (ovetn),  whence  its  name,  Plut-  in  Mar  cell. 
Diongs.  v.  47.  viii.  9.  Liv.  iii.  10.  xxvi-  21.  xxxi.  20- 
xxxiii.  28.  xli.  28. 

After  Augustus  the  honour  of  a  triumph  was  in  a  manner 
confined  to  the  emperors  themselves,  Dio.  Ixii.  19.  &  23  : 
and  the  generals  who  acted  with  delegated  authority  under 
their  auspices,  only  received  triumphal  ornaments,  a  kind 
of  honour  devised  by  Augustus,  Suet.  Tib.  9.  Dio.  liv.  24» 
31.  Hence  L.  Vitellius,  having  taken  Terracina  by  storm, 
sent  a  laurel  branch  in  token  of  it  {lauream  prospere  gesta 
rei)  to  his  brother,  Tacit'  Hist.  iii.  77.  As  the  emperors 
were  so  great,  that  they  might  despise  triumphs,  Flor.  iv- 
12.  S^.  so  that  honour  was  thought  above  the  lot  of  a  pri- 


Military  Punishments.  423 

Vate  person ;  such  therefore  usually  declined  it,  although  of- 
fered to  them  ;  as,  Vinicius,  Dio.  liii.  26.  Agrippa,  Id.  liv. 
11.  &.  24.  Plautius,  Id.  Ix.  30.  We  read,  however,  of  a 
triumph  being  granted  to  Belisarius  the  general  of  Justini- 
an, for  his  victories  in  Africa,  which  he  celebrated, at  Con- 
stantinople, and  is  the  last  instance  of  a  triumph  recorded 
in  history,  Proscop-  The  last  triumph  celebrated  at  Rome, 
was  by  Dioclesian  and  Maximian,  20.  Nov-  A.  D.  303. 
Eutrop.  ix-  27.  just  before  they  resigned  the  empire,  I(r. 
28. 

VII.  MILITARY  PUMSHMENTS. 

^l^HESE  were  of  various  kinds,  either  lighter  or  more 
-■-  sev^ere. 

The  lighter  punishments,  or  such  as  were  attended  with 
inconvenience,  loss,  or  disgrace,  were  chiefly  these,  1.  Depri- 
vation of  pay,  either  in  whole  or  in  part,  (stipendio  privariJa 
Liv.  xl-  41.  the  punishment  of  those  who  were  often  absent 
from  their  standards,  (Infrec^uentes,  Plant.  True,  ii-  1. 
19.)  A  soldier  punished  in  this  manner  was  calied  ^re 
DiRUTUs,  Festus.  Whence  Cicero  facetiously  applies  this 
name  to  a  person  deprived  of  his  fortune  at  play,  Ferr,  v. 
13.  or  a  bankrupt  bj"  any  other  means,  Phil.  xiii.  12. — 2. 
Forfeiture  of  their  spears,  Censio  Ha  start  a,  Festus. — - 
3.  Removal  from  their  tent,  {locum  in  quo  tender ent  muta~ 
reJ^  Liv-  xxv.  6-  sometimes  to  remain  without  the  camp  and 
without  tents,  Liv-  x.  4.  or  at  a  distance  from  the  winter- 
quarters,  Liv.  xxvi.  1-  Val.  Max.  ii.  7.  15. — 4.  Nottore^ 
cline  or  sit  at  meals  with  the  rest,  (cibum  stantes  capere)^ 
Liv-  xxiv.  16. — 5.  To  stand  before  the  pnetorium  in  a  loose 
jacket.  Suet.  Aug.  24.  Val.  Max.  ii-  7.  9.  and  the  centuri- 
ons without  their  girdle,  idiscinctij,  Liv.  xxvii.  13.  or  to 
dig  in  that  dress,  Plut.  in  Lucull. — 6.  To  ge;  an  allowance 
of  barley  instead  of  wheat,  {hordeo  pasci) ,  Liv.  ibid.  Suets 
Aug.  24. — 7.  Degradation  of  rank  ;  (gradus  dejectio)  ;  an 
exchange  into  an  inferior  corps,  or  less  honourable  service, 
{militie  mutatio),  Val.  Max.  ibid. — 8.  To  be  removed'^from 
the  camp,  (a  castris  segregari),  and  emploj^ed  in  various 
works,  Feget.  iii.  4.  an  imposition  of  labour,  munerujn  in- 
die fm^  or  dismission  with  disgrace,  (i^nomimosemitti)^  Hirt« 


424  ROMAN  ANTIQUITIES; 

debell.  Afr-  54.  vel.  exauctoratio,  Plin.Ep.  vi-  31.  A.' 
Gellius  mentions  a  singular  punishment,  namely,  of  letting 
blood,  {sanguinem  mittendi)^  x.  8.  Sometimes  a  whole  le- 
gion was  deprived  of  its  name,  as  that  called  Augusta,  Dioo 
liv.  11. 

The  more  severe  punishments  were,  1.  To  be  beaten  with 
rods,  Cvirgis  cedi),  or  with  a  vine-sapling,  (vite)^  Val.  Max, 

ii.  7:  4.  Juvenal-  viii.  247. 2.    To  be  scourged  and 

sold  as  a  slave.  Liv.  Epit-  55. -3.    To  be  beaten  to 

death  with  sticks,  called  FUSTUARIUM,  the  bastinado, 
Liv.  V.  6-  Cic.  Phil.  iii.  6.  Polyb.  vi.  2>5.  which  was  the 
usual  punishment  of  theft,  desertion,  perjury,  &c.  When 
a  soldier  was  to  suffer  this  punishment,  the  tribune  first 
struck  him  gently  with  a  staff,  on  which  signal  all  the  soldiers 
of  the  legion  fell  upon  him  with  sticks  and  stones,  and  gene- 
rally killed  him  on  the  spot.  If  he  made  his  escape,  for  he 
might  fly,  he  could  not  however  return  to  his  native  country, 
because  no  one,  not  even  his  relations,  durst  admit  him  in- 
to their  houses,  Polyb.  ibid. —4.    To  be  overwhelmed 

with  stones  {lapidibus  cooperiri)  and  hurdles,  {sub  crate  ne- 

cari),  Liv-  i.  51-  iv.  50-- 5.    To  be  beheaded,  (securi 

percuti)^  Liv.  ii.  59-  xxviii*  29-  Epit.  xv.  sometimes  cruci- 
fied, Liv.  xxx.  43.  and  to  be  left  unburied,  Fal.  Max.  ii. 
7.  15. —6.  To  be  stabbed  by  the  swords  of  the  sol- 
diers. Tacit-  Annal-  i.  44.  and  under  the  emperors,  to  be  ex- 
posed to  wild  beasts,  or  to  be  burnt  alive,  &C' 

Punishments  were  inflicted  by  the  legionary  tribunes  and 
prsefects  of  the  allies,  with  their  council  ;  or  by  the  general, 
from  whom  there  was  no  appeal,  Polyb.  vi.  ^5. 

When  a  number  had  been  guilty  of  the  same  crime,  as  in 
the  case  of  a  mutiny,  every  tenth  man.  was  chosen  by  lot  for 
punishment,  which  was  called  DE-CIMATIO,  Liv.  ii.  59. 
Cic-  Cliient.  46.  Suet.  Aug.  24.  Galb-  12-  Tacit.  Hist.  i.  37. 
Plutarch,  in  Crass.  Dio.  xli-  S5.  xlviii.  42.  xlix.  27.  &  Z^. 
or  the  most  culpable  were  selected,  Liv.  xxviii-  29.  Some- 
times only  the  20th  man  was  punished,  vicesimatio;  or 
the  100th,  cENTEsiMATio,  Capitolin.  in  Macrin.  12, 

VIII.  MILITARY  PAY  and  DISCHARGE. 

np'HE  Roman   Soldiers  at  first  received  no  pay  {stipen- . 
•^  dn^m)  from  the  public.    Every  one  served  at  his  own 


Military  PaV,  ts'c.  425 

charges.  Pay  was  first  granted  to  the  foot,  A.  U.  347,  Liv. 
iv.  59.  and  three  years  after,  during  the  siege  of  Veji,  to  tlia 
horse,  Id.  v.  7. 

It  was  in  the  time  of  the  repubhc  very  inconsiderable;  two 
adoii  or  tlirce  asses  (about  2M.  JingHsh),  a-day  to  a  foot  sol- 
dier, the  double  to  a  centurion,  ancl  the  triple  to  an  eq_ues, 
Poii/b.  vi.  37.  Flaut.  Most,  ii-  1.  10.  Liv.  v.  12.  Julius  Cae- 
sar doubled  it,  Suet-  Jul.  26.  Under  Augustus  it  was  ten 
Asses,  (7|d.  sterling),  Suet.  Aug.  49.  Tacit  Ann.  i.  17.  and 
Domitian  increased  it  still  more,  by  adding  three  gold  pieces 
annually,  Suet.  Domit.  7-  What  was  the  pay  of  the  tribunes 
is  uncertain  ;  but  it  appears  to  have  been  considerable, /za»tf- 
nal.  iii-  132.  The  praetorian  cohorts  had  double  the  pay  of 
the  common  soldiers,  Dio.  liv.  25.  Jacit-  ib. 

Besides  paj',  each  soldier  was  furnished  with  clothes,  and 
received  a  certain  allowance  (dimensum)  of  com,  commonly 
four  bushels  a  month,  the  centurions  double,  and  the  equit^s 
triple,  Polyb.  vi.  37.  But  for  these  things  a  part  of  their  pay 
was  deducted.  Tacit.  Anna/,  i.  17.  Polyb.  ib. 

The  allies  received  the  same  quantity  of  corn,  except  that 
the  horse  only  received  double  of  the  foot.  The  allies  were 
clothed  and  paid  by  their  own  states,  Polyb.  ibid. 

Anciently  there  were  no  cooks  permitted  in  the  Roman 
army.  The  soldiers  dressed  their  own  victuals.  They  took 
food  twice  a-day,  at  dinner  and  supper.  A  signal  was  pub- 
licly given  for  both.  The  dinner  was  a  very  slight  meal, 
which  they  commonly  took  standing.  They  indulged  them- 
selves a  little  more  at  supper.  The  ordinary  drink  of  soldiers, 
as  of  slaves,  was  water  mixed  with  vinegar,  called  Posca, 
Plaut.  Mil.  iii.  2.  23. 

When  the  soldiers  had  served  out  their  time,  [stipendia 
legitimafecissent  vel  meruisscnt)  ,\ht  foot  twenty  years,  and 
the  horse  ten, they  were  called  Emeriti,  Lucan.  i.  344.  and 
obtained  their  discharge.  This  was  called  MISSIO  HO- 
NESTA  vel  Justa.  When  a  soldier  was  discharged  for 
some  defect  or  bad  health,  it  was  called  Missio  Caus  aria  ; 
if  from  the  favour  of  the  general  he  was  discharged  before; 
the  just  time,  Missio  cratiosa,  Liv.  xliii.  14.  if  on  ac- 
count of  some  fault,  iG'iJOMisiosA^Ifirf.  debell.  ^/r.  5i>, 
Z).  de  re  miHt-  /•  13. 


426  ROMAN  ANTIQUITIES. 

Aus^ustiis  introduced  a  new  kind  of  discharge,  called  Ex- 
AUCTOR  ATio,b5^  wliich  thojie  who  had  served  sixteen  cam- 
paigns, were  exempted  from  all  military  duty  except  fight- 
ing. They  were  however  retained  {tenebantur)  in  the  army, 
not  with  the  other  soldiers  under  standards,  (sub  signis  et 
aquUis),  but  by  themselves  under  a  flag,  [sub  vexillo  seorsitJiy 
Tacit.  Annal.  i.  36.  whence  they  were  called  VEXILLA- 
RII  or  Vetei'ani,  sometimes  also  Subsignani,  Tacit. 
Hist-  i.  70.)  till  they  should  receive  a  full  discharge  and  the 
rewards  of  their  service,  (pnemia  vel  commoda  militia)^  ei- 
ther in  lands  or  money,  or  both,  Suet.  Aug.  49.  Cat-  44. 
Cic.  Phil  ii.  40-  Fir gl  Eel.  i.  71.  ix.  2,-5.  Horat.  Sat-  ii. 
6.  SB.  which  sometimes  they  never  obtained,  Tacit.  Annal- 
1.  17-  Suet.  Tiber.  48.  Dio,  liv-  25.  Exauctorare  is  pro- 
perly to  free  from  the  military  oath,  to  disband,  Liv.  viii. 
34.  XXV  20.  Suet.  Aug.  24.  Vip  10. 

Ix.  METHOD  of  ATTACKING  and  DEFEND- 
ING TOWNS. 

THE  Romans  attacked  ioppugnabant)  places  either  by  a 
sudden  assault,  or,  if  that  failed,  {si  subito  impetu  ex- 
pugjiare  non  poterant),  they  tried  to  reduce  them  by  a  block- 
ade, Ctes.  B.  G.  vii.  36. 

They  first  surrounded  a  town  with  their  troops,  (corona 
cingebant^  vel  circundabant,  Liv.  vii.  27-  xxiii.  44.  xxiv.  2. 
moenia  exercitu  circumvenerunt,  Sallust.  Jug-  57-j  and  by 
their  missive  weapons  endeavoured  to  clear  the  walls  of  de- 
fendants, {nudare  muros  defensoribus^  vel  propugnatoribus)' 
Then  joining  their  shields  in  the  form  of  a  testudo  or  tortoise, 
(testudine  facta  v.  acta)^  Liv.  xliv.  9.  Dio,  xlix.  30.  to  se- 
cure themselves  from  the  darts  of  the  enemy,  they  came  up 
to  the  gates,  (succedere  portisJ^  and  tried  either  to  under- 
mine (subruere  vel  subfodere)  the  walls,  or  to  scale  them, 
Liv-  X.  43.  xxvi.  45.  xxxiv-  39.  xliv.  9.  C(es.  B.  C  ii.  6. 
Tacit.  Hist.  iii.  28.  31.  Sallust-  Jug.  94. 

When  a  place  could  not  be  taken  by  storm,  it  was  invest- 
ed, Liv.  ii.  11.  Two  lines  of  fortifications  or  intrenchments 
{ULti  cipitia  munimentay  .'dmu?jitiones)weT^.  drawn  around  the 


Attack  and  Defence,  ^c,  427 

place  at  some  distance  from  one  another,  called  the  lines  of 
contravallation  and  circumvallation  ;  the  one  against  the  sal- 
lies of  the  townsmen,  and  the  other  against  attacks  from 
withont,  Lw  v.  1.  xxxviii.  4- 

These  lines  were  eomp(isrd  of  a  ditch  and  a  rampart, 
strengthened  with  a  parapet  and  battlements,  ( lot'ica  et  pin- 
7ia),  and  sometimes  a  solid  wall  of  considerable  height  and 
thickness  flanked  witli  towers  and  forts  at  proper  distances 
round  the  whole. 

At  the  foot  of  the  parapet,  or  at  its  junction  with  the  ram- 
part, {ad commissuras  pluteorum  atqtie  aggeris)-,  there  sf'^me- 
times  was  a  pallisade  made  of  kirpe  stakes  cut  m  tlie  form 
of  stags  horns,  hence  ciilled  CERVI,  to  prevent  the  ascent 
ot  die  enemy.  Before  that,  there  were  several  rows  of 
trunks  of  trees,  or  large  branches  sharpened  at  the  ends, 
(praacutis  cacuminihus),  called  CIPPI,  fixed  in  trenches 
{fossx)  about  five  feet  deep-  In  front  of  these  were  dug  pits 
{scrohes)  of  three  feet  deep,  intersecting  one  another  in  the 
form  of  a  quincunx^  thus, 


stuck  thick  with  strong  sharp  stakes,  and  covered  over  with 
bushes  to  deceive  the  enemy,  called  LILIA.  Before  these, 
were  placed  up  and  down  {omnihus  locis  disseredantu?')  sharp 
stakes  about  a  foot  long,  (Tale^e),  fixed  to  the  gro\md 
with  iron  hooks  called  Stimuli.  In  front  of  all  these, 
Ccesar  at  Alesia  made  a  ditch  twenty  feet  wide,  400  feet 
from  the  rampart,  which  was  secured  by  two  ditches,  each 
fifteen  feet  broad,  and  as  many  deep  ;  one  of  them  filled 
with  water.  But  this  was  merely  a  blockade,  without  any 
approaches  or  attacks  on  the  city,  Cas.  B-  G-  vii.  66,  67- 

Between  the  lines  were  disposed  the  I'rmy  of  the  besiegers, 
who  were  thus  said,  Urbem  ohsidione  claudere  vel  cingere^ 
to  invest. 

The  camp  was  pitched  in  a  convenient  situation  4o  con; 
municate  with  the  lines. 


428  ROMAN  ANTIQUITIES. 

From  the  inner  line  was  raised  a  mount,  (AGGER  ex- 
truehatur)  composed  of  earth,  wood,  and  hurdles,  (cra- 
tes), and  stone,  which  was  gi'adually  advanced  (promori?- 
batur)  towards  the  town,  always  increasing  in  height,  till  it 
equalled  or  over-topped  the  walls.  The  mount  which  Cae- 
sar raised  against  Avaricum^  or  Bourges,  was  330  feet  broad, 
and  80  feet  high,  Cces.  B.  G.  vii-  23. 

The  Agger,  or  mount,  was  secured  by  towers  consisting 
of  different  stories,  {turres  contaUdata)^  from  which  show- 
ers  of  darts  and  stones  were  discharged  on  the  townsmen 
by  means  of  engines,  itormenta),  called  Catapults, 
Balist^,  and  Scorpiones,  to  defend  the  work  and 
"Workmen,  (opus  et  administros  tutari),  Salkist.  Jug.  76. 
Of  these  towers  Caesar  is  supposed  to  have  erected  1561  on 
his  lines  around  Alesia,  Cas.  de  bell.  G.  vii.  72.  The  la- 
bour and  industry  of  the  Roman  troops  were  as  remarkable 
as  their  courage. 

There  were  also  moveable  towers,  Turres  mobiles  vel 
ambulatori^),  which  were  pushed  forward  (admoveban- 
tur  vel  adigebantur)  and  brought  back  ( reducebantur)  on 
wheels,  fixed  hf^lo^v  Crotis  sub; ectis)  on  the  inside  of  the 
planks  Cas.  B,  G.  ii.  31.  v.  42.  vii.  24.  Hirt,  de  belL  Alex. 
2.  Liv.  xxi.  11. 

To  prevent  them  from  being  set  on  fire  by  the  enemy, 
they  were  covered  with  raw  hides  {cored)  and  pieces  of 
coarse  cloth  and  matresses,  {centones  vel  cilicia,)  Caes.  de 
bell-  Civ.  ii.  10.  They  were  of  an  immense  bulk,  some- 
times thirty,  forty,  or  fifty  foot  square,  and  higher  than  the 
walls,  or  even  than  the  towers  of  the  city.  "When  they  could 
be  brought  up  to  the  walls,  a  place  was  seldom  able  to  stand 
out  long,  Liv.  xxi.  11. 14.  xxxii.  17.  xxxiii.  17. 

But  the  most  dreadful  machine  of  all  was  the  battering 
ram,  (ARIES),  a  long  beam,  like  the  mast  of  a  ship,  and 
armed  at  one  end  with  iron  in  the  form  of  a  ram's  head; 
whence  it  had  its  name.  It  was  suspended  by  the  middle 
with  ropes  or  chains  fiistened  to  the  beam  that  lay  across 
two  posts,  and  hanging  thus  equally  balanced,  it  was  by  a 
hundred  men,  more  or  less,  (who  were  frequently  changed), 
violently  thrust  forward,  drawn  back,  and  again  pushed  for- 
ivard,  till  by  repeated  strokes  it  h;id  shakqi  and  broken  down 


Attack  a/irf  Defence,  &?<r.  429 

the  wall  with  its  iron  head,  Veget.  iv.  14.  Lrv*  xxi.  12. 
xxxi.  32,  46.  xxxii.  23.  xxxviii.  5.  Joseph'  dc  bell.  Jud- 
iii.  9. 

The  ram  was  covered  with  sheds  or  mantlets,  called  VI. 
NE-iE,  machines  constructed  of  wood  and  hurdles,  and  co- 
V  ered  with  earth  or  raw  hides,  or  any  materials  which  could 
not  easily  be  set  on  fire.  They  were  pushed  forwards  by 
wheels  below,  (rotis  subjectis  agebantitr  vel  impellebantur\ 
Under  them  the  besiegers  either  worked  the  ram,  or  tried 
to  undermine  the  walls,  Liv.  ii.  17.  v-  7.  x.  34.  xxi.  7,  61. 
xxiii.  18. 

Similar  to  the  Vinea  in  form  and  use  were  the  TESTU- 
DINES  ;  so  called,  because  those  under  them  were  safe  as 
a  tortoise  under  its  shell,  Liv,  v.  5-  Cas.  B-  Gf.  v-  41.  50. 
de  Bell  Civ-  ii-  2.  14. 

Of  the  same  kind  were  thePLUTEI,  Liv-  xxi-  61.  xxxiv." 
17.  C<ies.  passim,  the  Mus cuius.  Ibid.  &.c. 

These  mantlets  or  sheds  were  used  to  cover  the  men  in 
filling  up  the  ditches,  and  for  various  other  purposes,  Ctss. 
B.  G  viii.  58. 

When  the  nature  of  the  ground  would  not  permit  these 
machines  to  be  erected  or  brought  forward  to  the  walls,  the 
besiegers  sometimes  drove  a  mine  (CUNICULUM  age- 
bant)  into  the  heart  of  the  city,  Liv.  v-  19-21.  or  in  this  man. 
ner  intercepted  tlie  springs  of  water,  Hirt-  de  Bell.  Gall.  viii. 
41,  43. 

When  they  only  wished  to  sap  the  foundation  of  the  walls, 
they  supported  the  part  to  be  thrown  down  with  wooden 
props,  which  being  consumed  with  fire,  the  wall  fell  to  the 
ground' 

In  the  mean  time  the  besieged,  to  frustrate  the  attempts 
of  the  besiegers  met  their  mines  with  countermines,  (trans- 
versis  cuniculis  hostiumcuniculos  excipere},h\v.  xxiii.  18. 
which  sometimes  occasioned  dreadful  conflicts  below 
ground,  xxxviii.  7.  The  great  object  was  to  prevent  them 
from  approaching  the  walls,  (apertos,  sc.  ab  hostibus  vel 
Romanis,  cunicidos  morabantur,  moenibusqtw  appropinquare 
prohibebant),  Caes.  B.  G-  vii-  22. 

The  besieged  also,  by  means  of  mines,  endeavoured  to 
frustrate  or  ©-^crtum  the  works  of  the  enemy,  C<es>  B»  G,  iii. 


430  KOMAN  ANTIQUITIESe 

521.  vii.  22.  They  withdrew  the  earth  from  the  mount,  {ter- 
ram  ad  se  introrsus  suhtrahebant)^  or  destroyed  the  works 
by  fires  below,  in  the  same  manner  as  the  besiegers  overturn- 
ed the  walls,  C*^,?.  ibid.  Joseph,  de  Bell.  Jud.  iii.  12. 

Where  they  apprehended  a  breach  would  be  made,  they 
reared  new  walls  behind,  with  a  deep  ditch  before  them. 
They  employed  various  methods  to  weaken  or  elude  the  force 
of  the  ram,  and  to  defend  themselves  against  the  engines  and 
darts  of  the  besiegers,  IJv.  xiii.  63.  But  these,  and  every 
thing  else  belonging  to  this  subject,  will  be  beat  understood 
by  reading  the  accounts  preserved  to  us  of  ancient  sieges, 
particularly  of  Syracuse  by  Marceilus,  Liv-  xxiv.  33.  of  Am- 
bracia  by  Fulvius,  Id.  xxxviii-  4-  of  Alesia  by  Julius  Csesar, 
de  Bell.  Gall-  vii.  of  Marseilles  by  his  lieutenants,  CW.  B. 
Civ-  ii.  and  of  Jerusalem  by  Titus  Vespasian, /o^e/'/z.  deBelL 
Jud. 

When  the  Romans  besieged  a  town,  and  thought  them- 
selves sure  of  taking  it,  they  used  solemnly  {certo  carmine) 
to  call  out  of  it  (e  V  o  c  A  R  E )  the  gods,  under  whose  protection 
the  place  was  supposed  to  be,  Liv.  v.  21.  Hence  when  Troy 
was  taken,  the  gods  are  said  to  have  left  their  shrines,  Firg. 
jEn.  ii.  351,  For  this  reason,  the  Romans  are  said  to  have 
kept  secret  their  tutelary  god,  and  the  Latin  name  of  the  city, 
Plin.   iii.  5.  s-  9.  xxviii.  2-  s.  4.  Macrob.  iii.  9- 

The  form  of  a  surrender  we  have,  Liv.  i.  38.  Plant.  Amph. 
1'  1.  71.  &  102.  and  the  usual  manner  of  plundering  a  city 
when  taken,  Polyb.  x-  16. 

NAVAL  AFFAIRS  of  the  ROMANS. 

"IVTAVIGATION  at  first  was  very  rude,  and  the  construc- 
-^^  tion  of  vessels  extremely  simple.  The  most  ancient  na- 
tions used  boats  made  of  trunks  of  trees  hollowed,  {ex  sin- 
gulis arboribiis  cavatis),  Virg-  G.  126,  262-  Plin.  xvi.  41. 
Liv.  xxvi.  26.  called  Alvei,  lintres,  scaph/e,  vel  mo- 
NoxYL  A,  Paterc.  ii.  107.  Ovid.  Fast.  ii.  407.  Liv-  i.  4.  xxv. 
3.  Plin.  vi.  23.  Strab.  iii.  155.  or  composed  of  beams  and 
planks  fastened  together  with  cords  or  wooden  pins,  called 
RATES,  Festus  ;  or  of  reeds  called  Cannae,  Juvenal,  v. 
89.  or  partly  of  slender  planks,  (carina  ac  statumina,  the 
keel  and  ribs,  ex  levi  materia)  t  and  partly  of  wicker  hurdles 


Naval  Affairs,  <5'c.  431 

or  basket-worlc,  (re/i(]iium  corpus  navium  vimimhus  context 
tiim)^  aufl  covered   wiHi  hides,  as  those  of  the  ancient  Bri- 
tons, C(€s.  B.  C-  i.  54.  Lucan.  iv-  131'  and  other  nations, 
Herodot,  i.  194.  Dio-  xlviii.  18.  hence  called  N  a  vie  i  a  vi- 
TiLiA  cor'w  arcumsuta^  Plin.  iv.  16.  vii.  56.  'xvi^naves  suti- 
les^  xxiv.  9.  s.  40- in  'allusion  to  which,  Virgil   calls  the 
boat  of  Charon  Cymba  sutilis,  JEii.  vi.  414.  somewhat  si- 
milar to  the  Indian  canoes,  which  are  made  of  the  bark  of 
trees ;  or  to  the  boats  of  the  Icelanders  and  Esquimaux  In- 
dians, which  are  made  of  long  poles  placed  cross  wise,  tied 
together  with  whale  sinews,  and  covered   with  tlie  skins  of 
sea-dogs,  sewed  with  sinews  instead  of  tliread. 

The  Phoenicians,  or  the  inhabitants  of  Tjtc  and  Sidon, 
are  said  to  have  been  the  first  inventors  of  the  art  of  sailing, 
as  of  letters  and  astronomy,  Pirn.  v.  12.  For  Jason,  to 
whom  the  poets  ascribe  it,  Ovid.  Met.  vi.  vers.  ult.  et 
Amor-u.  11.  \,  Lucan.  iii. '194-  and  the  Argonauts,  who 
first  sailed  under  J  ason  from  Greece  to  Colchis,  in  the  ship 
Argo,  in  que^t  of  the  golden  fleece,  that  is,  of  commerce, 
flourished  long  after  the  Phoenicians  were  a  powerful  na- 
tion. But  whatever  be  in  this,  navigation  certainly  received 
from  them  its  chief  improvements. 

The  invention  of  sails  is  by  some  ascribed  to  iEolus,  the 
god  of  the  winds,  Diodor.  v.  7.  and  by  others  to  Daedalus  ; 
whence  he  is  said  to  have  ?to\vn  like  a  bird  through  the  air, 
Firg-  JEiU.  vi.  15.  They  seem  to  have  been  first  made  of 
skins,  which  the  Feneti,  a  people  of  Gaul,  used  even  in  the 
time  of  C^^ar,  B.  G-  iii-  13.  afterwards  of  flax  or  hemp; 
whence  lintea  and  carbasa,  (sing,  -w^,},  are  put  for  veia^  sails- 
Sometimes  cloths  spread  out  were  used  for  sails.  Tacit-  An." 
nal'  ii.  24.  Hist,  v-  23.  Juvenal,  xii.  66. 

It  was  long  before  the  Romans  paid  any  attention  to  navat 
affairs.  They  at  first  had  nothing  but  boats  made  of  thick 
planks,  (ex  tabulis  crassioribus,  Festus),  such  as  they  used  on 
the  Tiber,  called  Naves  CAUDiCARiiE;  whence  Appius 
Claudius,  who  first  persuaded  them  to  fit  out  a  fleet,  A.  U, 
489,  got  the  surname  of  Caudex,  Senec.  de  brev.  vitce^  13. 
Varr-  de  Fit.  Rom.  11.  They  are  said  to  have  taken  the  mo- 
del of  their  first  ship  of  war  from  a  vessel  of  the  Carthagini- 
ans, which  happened  to  be  stranded  on  their  coasts,,  and  to' 


432  RdMAN  ANTIQUITIES, 

have  exercised  their  men  on  land  to  the  management  of 
ships,  Folyb,  i.  20.  &  21.  But  this  can  hardly  be  reconcil- 
ed with  what  Polybius  says  in  other  places,  nor  with  what 
we  find  in  Livy  about  the  equipment  and  operations  of  a  Ro- 
man fleet,  Liv.  ix.  30,  38.  Their  first  ships  of  war  were 
probably  built  from  the  model  of  those  oiAntium,  which,  af- 
ter the  reduction  of  that  city,  were  brought  to  Rome,  A.  U. 
417,  Uv.  viii-  14.  It  was  not,  however,  till  the  first  Punic 
war  that  they  made  any  figure  by  sea. 

Ships  of  war  were  called  NAVES  LONG^,  because 
they  were  of  a  longer  shape  than  ships  of  burden,  f  naves 
ONERARIiE,  oXKAhiy  whence  hulks  ;  or  barcce,  barks,  Isu 
dor.  xix-  !•),  which  were  more  round  and  deep,  C^s.  B.  G- 
jv.  20.  V.  7-  The  ships  of  war  were  driven  chiefly  by  oars, 
the  ships  of  burden  by  sails,  C*5-  B.  G-  iv.  25.  Cic.  Fam. 
xii.  15-  and  as  they  were  more  heavy  (gravioresJ^  and  sail-, 
ed  more  slowly,  they  were  sometimes  towed  (remulco  trac- 
t(s)^  after  the  war  ships,  Liv.  xxxii.  16- 

The  ships  of  war  were  variously  named  from  their  rows  or 
ranks  of  oars  fab  ordinibus  remorum).  Those  which  had  two 
rows  or  tiers  were  called  Biremes,  {Dicrota^  Cic.  Att.  v.  11, 
xvi.  4.  vel  Dicrotce,  Hirt.  B.  Alex.  47.)  three,  triremes  ; 
four,  quadriremes  ;  five,  quinqueremes  vel  penteres. 

The  Romans  scarcely  had  any  ships  of  more  than  five 
banl^s  of  oars ;  and  therefore  those  of  six  or  seven  banks  are 
called  by  a  Greek  name;  Nexeres,  Hep  teres,  Liv.  xxxvii. 
23.  and  above  that  by  a  circumlocution,  naves,  octo,  novem, 
decern  ordinum,  vel  versuum,  Fior.  iv.  11.  Thus  Livy  calls 
a  ship  of  sixteen  rows,  (fx»«<(J'£x>j/>ijs,  Polyb.),  navis  tngentis 
magnitudims,  quam  sexdecim  versus  remorum  agebant,  Liv. 
xlv.  34.  This  enormous  ship,  however,  sailed  up  the  Tiber 
to  Rome,  Ibid. — The  ships  of  Antony,  (which  Florus  says 
resembled  floating  casdes,  and  towns,  iv- 11-4.  Virgil,  float- 
ing islands  or  mountains,  .fEn,  viii.  691.  So  Dio,  1.  33.), 
had  only  from  six  to  nine  banks  of  oars,  Flor.  iv.  4.  Dio 
says  from  four  to  ten  rows,  1.  23^ 

There  are  various  opinions  about  the  manner  in  which  the 
rdwers  sat.  That  most  generally  received  is,  that  they  were 
placed  above  one  another  in  different  stages  or  benches  {in 
tramtris  \c\Jugis)  on  the  side  of  the  ship,  not  in  a  perpen- 


Naval  ArrAiRs,  ^c,  433 

Ciicular  line,  but  in  the  form  of  a  quincunx.  The  oars  of  the 
lowest  bench  were  short,  and  those  of  the  other  benches  in- 
creased in  length,  in  pmportion  to  their  height  above  the  wa- 
ter- This  opinion  is  confirmed  by  several  p:».ss*tges  in  the 
classics,  Firg.  Mn.  v.  119.  Lucan.  iii-  SS6.  Sil.  Italic-  xiv. 
424.  and  by  the  representations  which  remain  of  ancient  gal- 
lies,  particularly  that  on  Trajan's  pillar  at  Rome.  It  is,  how- 
ever, attended  with  ciifficultiesnot  easily  reconciled. 

There  were  tliree  different  classes  of  rowers,  whom  the 
Greeks  called  Thranitx^  Zeugita:  or  Zt'ugioi,  and  Thalaml- 
t*,  or  -ioi,  from  the  different  parts  of  the  ship  in  which  they 
were  placed.  The  first  sat  in  the  highest  part  of  the  ship, 
next  the  stern  ;  the  second,  in  the  middle  ;  and  the  last  in 
the  lowest  part,  next  the  prow.  Some  think  that  there  were 
as  many  oars  belonging  to  each  of  these  classes  of  rowers,  as 
the  ship  was  said  to  have  ranks  or  banks  of  oars :  others,  that 
there  were  as  many  rowers  to  each  oar,  as  the  ship  is  said  to 
have  banks  ;  and  some  reckon  the  number  of  banks,  by  that 
of  oars  on  each  side.  In  this  manner  they  remove  the  diffi- 
culty of  supposing  eight  or  ten  banks  of  oars  above  one  ano- 
ther, and  even  forty  ;  for  a  ship  is  said  by  Plutarch  and  A- 
thenaeus,  to  have  been  built  by  Ptolemy  Philopator  which 
had  that  number  :  so  Piin.  vil  56.  But  these  opinions  are 
involved  in  still  more  inextricable  difficulties. 

Ships  contrived  for  lightness  and  expedition  {naves  AC- 
TUARI/E)  had  but  one  rank  of  oars  on  each  side,  fsimpli'. 
ce  oi'dme  agebantur^  i^ovapen.  Tacit.  Hist.  v.  23.)  or  at  most 
two,  C^s-  B.  G.  V  1.  Lucan.  iii.  534-  They  were  of  diffe- 
rent kinds,  and  called  by  various  names ;  as,  Celoces,  i.  e. 
naves  celerei  vel  cursori^,  Lembi^  Pliaseli,  Myoparones.,  &c- 
Cic.  et  Liv.  But  the  most  remarkable  of  these  were  the  wa° 
ves  LlBURNiE,  Horat.  Epod-  i.  1.  a  kind  of  light  gallies 
used  by  the  Liburni.,  a  people  of  Dalmatia,  addicted  to  pi- 
racy. To  ships  of  this  kind  Augustus  was  in  a  great  measure 
indebted  for  his  victory  over  Antony  at  Actium,  Dioy  1.  29- 
32-  Hence  after  that  time  the  name  of  naves  LIBURNiK 
was  given  to  all  light  quick-sailing  vessels  ;  and  few  ships 
were  built  but  of  that  construction,  Veget.  iv.  33. 

Ships  were  also  denominated  from  the  country  to  which 
tliey  belonged,  Gfs.  B,  C  iii.  5.  Cic,  Ver)\  v.  ^%  and  the 

'^  T 


434  ROMAN  ANTIQUITIES. 

various  uses  to  which  they  were  applied  ;  as  Naves  Me r - 
c AT QRiJEs^frumentaria^  vinariaj  olearia  ;  PiscATORiiEi 
JLiv.  xxiii.  1.  vel  lenuncnli,  fishing,  boats,  Cas.  B-  C.  ii-  39. 
Specvlatorim  Gt  expioratoria^  spy-boats,  Z/iu-  xxx- 10^ 
xxxvi-  42.  PLiRATiciE  vel  pfedator'ta^  Id.  xxxiv.  32.  36. 
Hy  PPAGOG^,  ytlHyppagineSy  for  carrying  horses  and  their 
riders,  Lrv.  xliv.  28.  Gell-  x.  25.  Festus-  Tabellari^, 
message. boats,  Senec-  Epist-  77.  Plant.  MiL  Glor.  iv.  1. 
39.  Vectori^  gr  a  vEsquE,  transports  and  ships  of  bur- 
den ;  Announce  privatxque^  built  that  or  the  former  year  for 
private  use ;  some  read  annonarice,  i.e.  for  carrying  provisions, 
C<^s.  B.  G-  V.  7.  Each  ship  had  its  long-boat  joined  to  it., 
{,cymbuU  onerariis  adh«rescebantj ^  Piin.  Ep.  8.  20. 

A  large  Asiatic  ship  among  the  Greeks  was  called  Cer- 
euRUS,  Plant-  Mtrc  i.  1.  86.  Stick-  ii.  2.  84.  iii-  1.  12.  it  is 
.supposed  from  the  island  Corcyra  :  but  Pliny  ascribes  the 
invention  of  it  to  the  Cyprians,  vii.  56- 

Gallies  kept  by  princes  and  great  men  for  amusement, 
were  called  by  various  names ;  Triremes  ceratts  vel  arata^ 
lusnria  et  cubicnlata  vel  thalarnegiy  pleasure-boats  or  barges, 
Senec.  cie  beu'  vii.  20-  Suet-  C^s.  52-  priva,  i.  e,  propria  et 
non  meritorix,  one's  own,  not  hired,  Horat.  Ep.  i.  1-  92^ 
sometimes  of  immense  size,  Deceres  vel  decemr ernes ,  Suet. 
Cal.  37. 

Each  ship  had  a  name  peculiar- to  itself  inscribed  or  paint- 
ed on  its  prow;  thus,  Pristis,  ScyLLA,CENTAURUs,&c, 
Virg.  Mn.  v  116.  &c.  called  PARASEMON,  its  sign,  He^ 
rodot.  viii.  89.  Liv.  xxxvii.  29-  or  INSIGNE,  Tacit-  Ann. 
Vi.  34.  as  its  tutelary  god  ituteia  vel  tutelar e  numen)  was 
on  its  stern,  Ovid.  Trist.  i.  el.  3.  v.  110.  et  el.  9-  v-  I-  Herod. 
xvi.  112.  Pers.  vi-  30.  Sil.  Ital  xiv.  411.  439.  whence  that 
part  of  the  ship  was  called  TUTEL  A  or  Cautela^  and  held 
sacred  by  the  mariners,  Lucan.  iii.  510-  Senec.  Epist-  76. 
Petron.z.  105.  There  supplications  and  treaties  were  made^ 
Lav-  XXX.  '^^.  Sil.  Ital.  xiii.  76. 

In  some  ships  the  tutela  and  ira/wo-jjttev  were  the  same,  Serv,, 
ndVirgil.  Mn.  v.  116-  Act.  Apost.  xxviii.  11. 

Ships  of  burden  used  to  have  a  basket  suspended  on  the 
top  of  their  mast  as  their  sign,  QprosignoJ,  hence  they  were 
called  CoRBiTiE,  Festus-,  Cic.  Att-  ;tYi,  6>  Plaut*  Poen.  iii. 
1,4.  &  40. 


Naval  Affairs,  ^c.  435 

There  was  an  ornamciU  in  the  stern,  and  sometimes  on 
the  prow,  made  of  wood  like  the  tail  of  a  fish,  called  AP- 
LUSTRE,  vel  plur.  -ia,  from  which  was  erected  a  staffer 
pole  with  a  riband  or  streamer  (fascia  yt\f(cma)  on  the  top, 
Juvenal,  x.  136-  Liican.  iii.  671. 

The  ship  of  the  commander  of  a  fleet  (.navispr^^toria)  was 
distinguished  by  a  red  flag,  ivexillum  vel  velumpiirpureum)^ 
Tacit.  Hist.  v.  22.  Plin.  xix.  1.  Cccs.  B-  C.  ii.  6.  and  by  a 
light,  Flor.  iv.  8.  Firg.  jEn.  ii.  256. 

The  chief  parts  of  a  ship  and  its  appendages  were,  CA^ 
RINA,  the  keel  or  bottom  ;  Statumina.,  the  ribs,  or  pieces 
of  timber  which  strengthened  the  sides  ;  PRORA,  the  prow 
or  forepart  ;  PUPPIS,  the  stern  or  hind-part ;  ALVEUS, 
the  belly  or  hold  of  the  ship  ;  SENTINA,  the  pump,  Ctss. 
B.  C'  iii-  25'  or  rather  the  bilge  or  bottom  of  the  hold,  vvhere 
the  water,  which  leaked  into  the  ship,  remained  till  it  was 
pumped  out,  (donee per  ai^tli am exhauriretur),  Cic.  Fam. 
ix.  15.  Sen.  6.  Martial,  ix.  19,  4.  Suet.  Tib.  51-  or  the  bilge^ 
water  itself,  Juvenal,  vi.  99.  properly  called  n  a  u  t  e  a  ,  Plant, 
Asin.  v-  2-  44.  A'anitis,  1.  25.  In  order  to  keep  out  the  wa- 
ter, ships  were  besmeared  with  wax  and  pitch  ;  hence  call- 
ed CERATE,  Ovid.  Her.  v-  42, 

On  the  sides  {latera')  were  holes  {foramina)  for  the  oars, 
(REMI,  called  also  by  the  poets  tonsce^  the  broad  part  or  end 
of  them,/ja/;Ka  vel  palmula)^  and  seats  (sedtliaxoi  ti'anstra) 
for  the  rowers ,  ( r e Jii g e s). 

Each  oar  was  tied  to  a  piece  of  wood,  {paxillus  vel  lignum 
teres,)  called  SCALMUS,  by  thongs  or  strings,  called 
SxROPPi  vel  struppi,  Isid.  xix.  4.  hence  scalmus  is  put  for 
a  boat,  Cic.  Off.  iii,  14.  Navicula  duorum  scalmorum.,  a  boat 
of  two  oars,  Cic.  Orat.  ii.  34.  Actuaria,  sc.  navis,  decern 
scalmiSi  Id.  Att.  xvi.  3.  Quattwr  scalmorum  navis,  Fell.  ii. 
43.  The  place  where  the  oars  were  put  when  the  rowers 
were  done  working,  was  called  Casteria,  Plant.  Asin.  iii. 
1.  16. 

On  the  stern  was  the  rudder,  (GUBERNACULUM  vel 
clavus^  and  the  pilot  {gubernator)  who  directed  it. 

Some  shrps  had  two  rudders,  one  on  each  end,  and  two 
prows,  so  that  they  might  be  moved  either  way  w^ithoutturn^ 
jng,  Tacit.  Annal.  ii.  6.  much  used  by  the  Germans,  Id.dc 


436  ROMAN  ANTIQUITIES, 

Mor.  G.  44.  and  on  the  Pontus  Eux'mus^  or  Black  Sea, 
called  CAMARiE,  Strab-  xi.  496.  because  in  a  swelling 
sea  they  were  covered  w  ith  boards  like  the  vaulted  roof  of  a 
house,  (camera)^  Tacit.  Hist.  iii.  47.  Gell.  x-  25.  hence  Ca- 
morita^  the  name  of  a  people  bordering  on  the  Black  Sea, 
Eustath.  ad  Dionys.  700. 

On  the  middle  of  the  ship  was  erected  the  mast,  (MA- 
LUS),  which  was  raised,  fattollebatur  vel  erigebatur),  Cjc. 
Verr.  v.  34.  when  the  ship  left  the  harbour,  and  taken  down 
( mcUnahatur  vel  ponebatur)^  when  it  approached  the  land, 
Virg.  j^n-  V.  829-  Lucan.  iii.  4.^-  the  place  where  it  stood 
Was  called  Modius,  Isid-  xix.  2.  The  ships  of  the  ancients 
had  only  one  mast. 

On  the  mast  were  fixed  the  sail-yards,  (Antennae  vel 
hrachia)y  and  the  sails  (VELA)  fastened  by  ropes  {funes 
vel  rudentes).  Immittere  rudentes^  to  loosen  all  the  cord- 
age ;  pandere  vela,  to  spread  the  sails,  Plin.  Ep.  viii.  4. 

The  sails  were  usually  white,  as  being  thought  more  luc- 
ky, Ovid.  Her.  ii.  II-  Catull.  Ixiv-  225,  &c-  sometimes  co- 
loured, Plin  xix-  i.  s-  5- 

The  ends  of  the  sail-yards  were  called  CORNUA  ; 
from  which  were  suspended  two  ropes  called  PEDES,  bra- 
ces, by  pulling  which  towards  the  stern,  the  sails  were  turn- 
ed to  the  right  or  left-  If  the  ^vind  blew  obliquely  from  the 
left,  they  pulled  the  rope  on  the  right,  and  so  on  the  contra- 
ry :  hence  facere  pedem,  to  trim  or  adjust  the  sails,  Ftrg^ 
j^n.  V.  830.  Obliquat  Itevo  pede  carbasa,  turns  the  sails  so 
as  to  catch  the  wind  blowing  from  the  right,  Lucan.  v,  428- 
so  obliqi4at  sinus  in  v entu m,  Virg-  /En.  v.  16.  Currere  u- 
troque  pede,  to  sail  with  a  wind  right  astern,  or  blowing  di- 
rectly from  behind,  Catull.  iv-  21  In  contrarium  navigare 
prolatis  pedibus,  by  tacking,  Plin-  ii.  57.  s-  48-  LitenUere 
brachia  velis,  i.  e.  vela  brachiis,  to  stretch  the  sails,  or  to 
haul  them  out  to  the  yard  arms,  Firg.  Mn.  v.  829-  Dare 
vela  ventis,  to  set  sail,  Firg-  ,^n.  iv.  546.  So  Velafacere^ 
Cic.  Vcrr.  v-  34.  or  to  make  way,  Virg.  Mn-  v.  281.  Subdu- 
cere  vela,  to  lower  the  sails,  Sil.  vi.  325.  Ministrare  velis^ 
vel  -a,  i.  e.  attendere,  to  manage,  by  drawing  in  and  letting 
out  the  opposite  braces,  {adducendo  et  remittendo  vel  profe- 
fendo pedes),  Virg-  iEn*  vi.  302.  x-  218.  Velis  remis,  so.  et^' 


Naval  Affairs,  ^c.  437 

i.  e.  summo  vi,  vianibus  iyedibusqiiCy  omnibus  ncrvis^  with 
might  and  main,  Cicad  Q  Fratr.  ii-  14-  Tusc-  iii  11-  Off. 
iii-  ?i%.  but  in  the  last  passage  the  best  copies  have  vir'is  c- 
qidsqiie  ;  as,  Phil  viii-  7-  So  remigio  veloque.  Plant.  Asiri' 
1  5-  5-  who  puts  navales  pedes  for  remiges  et  naut<e,  Men. 
ii.  2-  ult. 

The  top-sails  were  called  SUPPARA  velorum^  LucanJ 
V.  429.  or  any  appendage  to  the  main-sail,  Stat.  Sylv-  ii-  2- 
27-  Senec.  ep.  77. 

Carina,  puppis,  and  even  frabs,  a  beam,  are  often  put 
by  the  poets  for  the  whole  ship  ;  but  never  velum,  as  we 
use  sail  for  one  ship  or  many  ;  thus,  a  sail,  an  hundred  sail. 

The  rigging  and  tackling  of  a  ship,  its  sails,  sail-j-ards, 
cars,  ropes,  Sec.  were  called  Armamei^ta,  Plant.  Merc. 
i.  62.  Hence  arma  is  put  for  the  sails,  colligere  armajubet^ 
\'  e.  vela  contrahere,  V^irg-  M.n.  v-  15.  and  for  the  rudder^ 
spokata  armis,  i.  e.  clavo,  vi.  353. 

Ships  of  war,  (naves  longa  vel  belHcteJ,  and  these  only., 
had  their  prows  armed  with  a  sharp  beak,  (Rostrum,  of- 
tcner plur.  rostra,)  Cas.  B.  G.  iii-  13-  Sil.  Itah  xiv.  480. 
which  usually  had  three  teeth  or  points,  Virg.  JEn.  v.  142. 
viii.  690.  whence  these  ships  were  called  Rostrat.e,  and 
because  the  beak  was  covered  with  brass,  ^Erata,  Cas. 
jy.  C  ii.  3.  Horat.  Od.  ii.  16.  21-  Phn.  xxxii.  1. 

Ships  when  about  to  engage,  had  towers  erected  on  them, 
whence  stones  and  missive  weapons  were  discharged  from 
engines,  Ct^s.  B  G.  iii.  14.  /7or-  iv.  11.  Plin.  xxxii.  1'! 
Plutarch'  in  Ant.  called  Propugnacula,  Flor.  ii.  2, 
Horat.  Epod'  i-  2.  hence  turrjte  pup  pes,  Virg.  JEn.  viii. 
993.  Agr'ppa  invented  a  kind  of  towers  which  were  sud- 
denly raised,  S/^rv-  in  Virg.  To'vers  used  also  to  be  erected 
on  ships  in  sieges  and  at  other  times,  Liv.  xxiv.  34.  Tacit. 
.4nn.  XV.  9.  Sil.  Ital.  xiv.  418. 

Some  ships  of  war  were  all  covered,  ftect^  vel  constrafo^j 
n.ctTxip^etK7ci ;  qua  >carct^^af^.xrci,  tabulota  vcl  coustrata  habebant, 
decks)  ;  others  uncovered,  ^opertx,  ci(p^»r.Tai,  v.  -««),  Cic. 
Att'  v.  11.  12.  vi.  8.  &  12.  except  at  the  prow  and  stern, 
where  those  who  fought  stood,  Liv.  xxx.  43.  xxxvi.  42. 
C<c.y.   ijassifv.  Cic-  F&rr.  v.  34. 

The  plank«  or  platforms  {tabulata)  on  which  the  mari- 


438  ROMAN  antiquities; 

ners  sat  or  passed  from  one  part  of  the  ship  to  another,  were 
called  FORI,  srang-ways,  fab  eo  quod  incessus  ferant), 
Serv.  ad  Virg.  jE?i.  iv.  605  vi.  412.  Cic-  Sen.  6.  and  the 
helps  to  mount  on  board,  Pontes  vel  Scalje,  (nriiiccB-^eis 
'Sel  y-v/^««£5),  Virg.  Mn.  x.  288.  654.  658  Stat  Sylv.  iii.  2. 
55.  Some  takeybn  for  the  deck,  TSTEGA,  «,  Plant-  Bacch, 
ii.  3.  44.  Stick,  iii.  1.  12-)  others  for  the  seats.  It  is  at 
least  certain  they  were  both  in  the  top  of  the  ship  and  be- 
low, Sil.  xiv.  425.  Lucan.  iii-  630.  We  also  find  forust 
sing.  Gell.  xvi.  19. 

The  anchor,  (ANCHORA),  which  moored  or  fastened 
(fundahat  vel  alligahat)  the'  ships,  was  at  first  of  stone, 
sometimes  of  wood  filled  with  lead,  but  afterwards  of  iron. 
It  was  thrown  ijaciebatuf)  from  the  prow,  Virg  JEn.  vi-  ult, 
by  a  cable,  and  fixed  in  the  ground,  while  the  ship  stood, 
(or,  as  we  say,  rode)  at  anchor,  {ad  anchoram  vel  in  anchora 
stahat)^  Cses.  B.  G.v.  10-  and  raised,  (fo//c6fl?Mr  vel  velleha. 
tur)  when  it  sailed,  Id.  iv.  23.  sometimes  the  cable  {ancho- 
rale  vt\  anchora)  was  cut,  (pracidebatur)^  Liv.  xxii-  19. 
Cic.  Verr.  v.  34.  The  Feneti  used  iron  chains  instead  of 
ropes,  C^S'  B.  G.  iii.   13. 

The  plummet  for  sounding  depths  (ad  altifudinem  maris 
explorandam)  was  called  BOLIS  or  Catapirates,  Isid.  xix- 
4.  or  MoLYBDis,  -idis,  as  Gronovius  reads,  Stat.  Sliv-  iii. 
2.  30- 

The  ropes  by  which  a  ship  was  tied  to  land  were  called  RE= 
TINACULA,  Virg.  Mn.  iv.  580.  or  Or^e,  Liv.  xxii.  19. 
xxviii.  36.  or  simply  Funes,  Virg.  Mn.  iii.  639.  667* 
Hence  Oram  solvere.,  to  set  sail,  Qumctil.  Ep.  ad  Tryph.  &f 
iv.  2.  41. 

The  ancients  had  ropes  for  girding  a  ship  in  a  storm,  Ho- 
rat.  Od.  i.  14.  Act.  Apost-  xxvii.  17.  which  are  still  used. 
They  had  also  long  poles,  (c-on^e,  perticte^  sudes,  vel  trndes)  yto 
push  it  off  rocks  and  shoals,  Virg.  Mn.  v.  208. 

Sand,  or  whatever  was  put  in  a  ship  to  keep  it  steady,  was 
called  SABURRA,  ballast,  Liv-  xxxvii-  14.  Virg.  G  iv. 
195. 

Ships  were  built  {<icdificahantiir)  of  fir,  (abies)^  Virg.  G, 
ii.  68.  alder,  ialnus^  Lucan.  iii.  440.  wiicnce  alni^  ships,  ib, 
2. 427.)  cedar,  pine,  and  cypress,  Veget-  iy.  34.  by  the  Veneti 


Naval  Affairs,  b'^c.  43S 

ef  oak,  (ex  robore)^  Caes.  B.  G.  iii- 13.  sometimes  of  green 
wood  ;  so  that  a  number  of  ships  were  put  on  the  stocks, 
(posita),  completely  equipped  and  launched,  {.instruct^)  v. 
ornat<s  armatc^que  in  aquam  deduct^  sint)^  in  forty-five  days 
after  the  timber  was  cut  down  in  the  forest,  IJv.  xxviii.  45. 
and  by  Ccesar,  at  Aries,  against  the  people  of  Marseilles, 
in  thirty  days,  de  Bell.  Civ-  i.  34.  Scq  Flin.  xvi.  30-  s.  74. 

There  was  a  place  at  Rome  beyond  the  Tiber  where  ships 
lay  and  were  built,  called  Navalia,  plur.  -iiim,  the  dock, 
IJv  iii.  26.  viii.  14-  xl.  51. 

As  the  Romans  quickly  built  fleets,  they  as  speedily  man- 
ned them.  Freedmen  and  slaves  were  employed  as  mariners 
or  rowers,  {nautis  vel  remiges),  who  were  also  called  Socii 
NAVALEs,  Liv.  xxi.  49,  50.  xxii.  11.  xxvislV.  and  Clas- 
sic i,  xxvi.  48.  Curt.  iv.  3.  18.  The  citizens  and  allies 
were  obliged  to  furnish  a  certain  number  of  these,  according 
to  their  fortune,  and  sometimes  to  supply  them  with  provi- 
sions and  pay  for  a  limited  time,  Liv.  xxiv.  11.  xxvi.  35, 

The  legionary  soldiers  at  first  used  to  fight  at  sea  as  well- 
as  on  land.  But  when  the  Romans  came  to  have  regular  and 
constant  fleets,  there  was  a  separate  kind  of  soldiers  raised 
for  the  marine  service,  imilites  in  classem  scripti),  Liv.  xxii* 
57.  who  were  called  CLASSIARII,  orEpiBAT^,  C<es- pas- 
sim. Suet.  Galb.  12.  Tacit.  Annal.  xv-  51.  but  this  service 
was  reckoned  less  honourable  than  that  of  the  legionary  sol- 
diers, Suet.  ibid.  Liv.  xxxii.  23.  Tacit.  Hist.  i.  87-  some- 
times performed  by  manumitted  slaves.  Suet-  Aug'  16^ 
The  rowers  also  were  occasionally  armed^  Liv,  xxvi.  48, 
xxxvii.  16- 

The  allies  and  conquered  states  were  in  after  times  bound 
to  furnish  a  certain  number  of  ships  completely  equipped 
and  manned,  Cic,  Verr'  v.  17,  &c.  I^iv.  xxxvi-  43.  xlii.  48. 
some  only  stores,  arms,  tackling,  and  men,  xxviii.  45. 

Augustus  stationed  a  fleet  on  "the  Tuscan  sea  at  Misenum, 
where  Agrippamade  a  fine  harbour  called  Portus  Julius, 
Suet.  Aug.  16.  by  joining  the  Lucrine  lake,  and  the  lacus 
Avernus  to  the  bay  of  Bajas,  (sinus  Bajanus^  Suet-  Ner.  27. 
vel  lacus  Bajanus,  Tacit.  Ann.  xiv.  4-)  Dio.  xlviii.  50, 
Virg.  G.  ii-  163.  and  another  on  the  Hadriatic  at  Ravenna^ 
Suet.  AuE.  49.  Taek.  Ann,   iv.  5-  Veqet.  iv.  31.  and  in 


440  ROMAN  ANTIQUITIES. 

other  parts  of  the  empire,  Tacit.  Hist.  i.  58.  ii.  83.  iv.  79* 
also  on  rivers,  as  the  Rhine  and  Danube,  Tacit.  AnnaL 
xii.  30.  Flor.  iv.  12.  26. 

The  admiral  of  the  whole  fleet  was  called  Dux  PRiEFEC- 
Tus(^UE  cLAssis,  Cic-  VeTT.  V.  34.  and  his  ship,  NAVIS 
PRiETORI  A,  Liv-  xxix.  25.  which  in  the  night-time  had, 
as  a  sign,  {signum  nocturnum)  three  lights,  Ibid. 

At  first  the  consuls  and  prsetors  used  to  command  the  fleets 
of  the  republic,  or  some  one  under  them  ;  as  Laslius  under 
Scipio,  Liv.  xxvii.  42,  xxix.  25. 

The  commanders  of  each  ship  were  called  NAVAR- 
CHI,  Cic.Verr-  iii. 80.  v.  24.  or  Trierarchi,  i.  Q-prxfecti 
trieris  vel  triremis  navis^  Cic.  Verr.  i.  20.  Tacit.  Hist.  ii.  9, 
Suet-  Ner.  34.  orMAcisTRi  Navium,  Liv.  xxix.  25- 
The  master  or  proprietor  of  a  trading  vessel,  NAUCLE- 
RUS,P/flw^i^f^7•iv.3.  16.Naviculator,  vel-ARius.  Cic' 
Farri'  xvi.  9.  Att.  ix.  3-  Verr.  ii.  55.  Manil  5.  who,  when 
he  did  not  go  to  sea  himself,  but  employed  another  to  navi- 
gate his  ship,  was  said,  Navicidariam  sc.  rem  facere^  Cic. 
Verr.  v.  18. 

The  person  who  steered  the  ship,  and  directed  its  course, 
was  called  GUBERNATOR,  the  pilot,  sometimes  also 
M-AGisTER^  Firg../En-v.  l76.Sii-iv.  719,  or  Rector,  2<,m- 
can.  viii.  167.  Firg.  Mn.  iii-  161.  and  176.  He  sat  at  the 
helm,  Cic.  Sen-  6.  on  the  top  of  the  stern  dressed  in  a  parti- 
cular manner,  Flaut-  Mil.  iv.  4.  41.  45.  and  gave  orders 
about  spreading  and  contracting  the  sails,  {expandere  vel 
contrahere  vela)  plying  or  checking  the  oars,  {incumber e 
remis  vel  eos  inhibere)^  &.c.  Firg.  v.  12-  x.  218.  Cic.  Orat 
i.  33.  Att.  xiii.  21. 

It  was  his  part  to  know  the  signs  of  the  weather,  to  be  ac- 
quainted with  ports  and  places,  and  particularly  to  observe 
the  winds  and  the  stars,  Ovid-  Met-  iii-  592.  Lucan-  viii.  172. 
Virg'  Mn.  iii.  201.  269-  513.  For  as  the  ancients  knew  not 
the  use  of  the  compass,  they  were  directed  in  their  voyages 
chiefly  by  the  stars  in  the  night-time,  Horat.  Od.  ii-  16.  3. 
and  in  the  day-time  by  coasts  and  islands  which  they  knew. 
In  the  Mediterranean,  to  which  navigation  was  then  chiefly 
confined,  they  could  not  be  long  out  ofthesii^ht  of  land. 
"When' overtaken  by  a  storm,  the  usual  method  was  to  drive 


Naval  Affairs,  ^c\  44.1. 

their  ships  on  shore,  (in  terram  agere  vel  ejicere)^  and  when 
the  danger  was  over,  to  set  them  afloat  again  by  the  strengtli 
of  arms  and  levers.  In  the  ocean  they  only  cruised  along 
the  coast. 

In  some  ships  there  were  two  pilots,  JElian.  ix.  4.0-  who 
had  an  assistant  called  PROKETA,  Plaut.  Mud-  iv.  3-  75. 
i.  e.  Ctistos  et  tittela  prof's,  who  watched  at  the  prow,  Ovid- 
Met-  iii.  617. 

He  who  had  command  over  the  rowers  was  called  Hor- 
TATOR  and  Pausarius,(«A£V5j;5\P/<2;/j'.  MeTc.  iv.  2-  4.  aSV« 
Tiec.  Epist.  56.  Ovid,  ibid-  or  Portisculus,  Plant.  Asin. 
iii.  1.  15.  Festus  ;  which  was  also  the  name  of  the  staff  or 
mallet  with  which  he  excited  or  retarded  them,  C cdeusmata 
vel  hortamcnta  dabat),  Plaut.  Asin.  iii.  1.15.  Isid,  Orig-  xix- 
12.  He  did  this  also  with  his  voice  in  a  musical  tone,  that 
the  rowers  might  keep  time  in  their  motions,  Serv.  ad  Virg. 
Mn.  iii.  128.  Sil.  v.  360.  Val  Place,  i-  470.  Martial  iii.  67, 
iv.  64.  Qidnctil.  \.  10-  16.  Stat  Theb.  vi-  800-  Ascon-  in  Cic. 
divin.  17.  Hence  it  is  also  applied  to  the  commanders,  Z)zo, 
L.  32.  Those  who  hauled  or  pulled  a  rope,  who  raised  a 
weight,  or  die  like,  called  HELCIARII,  used  likewise  to 
animate  one  another  with  a  loud  cry,  Martial-  ibid,  hence 
JVauticus  clamor^  the  cries  or  shouts  of  the  mariners,  Firg. 
Mn.  iii.  128.  v.  140.  Lucan.  ii.  688. 

Before  a  fleet  (CLASSIS)  set  out  to  sea,  it  was  solemnly 
reviewed  (lustrata  est)  like  an  army.  Cie.  Phil,  xii-  3.  Pray™ 
ers  were  made  and  victims  sacrificed,  Lir).  xxix-  27.  xxxvi„ 
42.  Appian.  Bell-  Civ,  v.  Virg-  Mn.  iii.  118.  v.  772.  SiL 
xvii.  48-  The  auspices  were  consulted,  Val.  Max.  i.  Hor,. 
Epod.  X.  1.  16.  24.  and  if  any  unlucky  omen  happened,  as 
a  person  sneezing  on  the  left,  or  swallows  alighting  on 
the  ships,  Sec.  the  voyage  was  suspended,  Pohjxn.  iii.  10, 
Frontin.  i.  12. 

The  mariners  when  they  set  sail  or  reached  the  harbour, 
decked  the  stern  with  garlands,  Firg.  Mn-  iv.  418.  G.  i.  303. 

There  was  great  labour  in  launching  [in  deducendoj  the 
ships,  Virg.  Mn.  iv.  397.  for  as  the  ancients  seldom  sailed  in 
winter,  their  ships  during  that  time  were  drawn  up  {subdue- 
tee)  on  land,  Horat-  Od.  i.  4-  2-  Virg.  Mn.  i.  555.  and  stood 
on  the  shore,  Virg.  .En»  iii.  135. 177. 

3  >I      ■ 


442  ROMAN  ANTIQUITIES, 

They  were  drawn  to  sea  by  ropes  and  levers,  {vectibus), 
with  rollers  placed  below,  {cylindris  lignisque  teretibus  et  ro- 
tundis  subjectis).,  called  Palanges,  vel  -ga,  Ca;s-  B.  C.  ii. 
9.  or  ScuTD  LiE,  Ibid-  iii.  34.  and  according  to  some,  lapsus 
rotarum  ;  but  others  more  properly  take  this  phrase  for  ro- 
ta labentes^  wheels,  Virg.  .'En-  ii.  236. 

Archimedes  invented  a  wonderful  machine  for  this  pur. 
]30se,  called  Helix-  At/ien.  v-  Plutarch-  InMarcelL — Sil. 
ItaL  xiv-  352. 

Sometimes  shipb  were  conveyed  for  a  considerable  space 
by  land,  Liv.  xxv.  11.  Sil-  xii-  441.  Suet.  Cal-  47.  and  for 
that  purpose  they  were  sometimes  so  made,  that  they  might 
be  taken  to  pieces,  Curt.  viii.  10.  Justin-  xxxii.  3.  a  practice 
.still  in  use.  Augustus  is  said  to  have  transported  some  ships 
from  the  open  sea  to  the  Ambracian  gulf  near  Actium,  on  a 
kind  of  wall  covered  with  the  raw  hides  of  oxen  ;  Dio,  L. 
12-  in  like  manner  over  the  Isthmus  of  Corinth,  Id.  LI.  5. 
Strab.  viii.  335.  So  Trajan,  from  the  Euphrates  to  the  Ti- 
gris, Id.  xlviii.  28- 

The  signal  for  embarking  was  given  with  the  trumpet.  Zw- 
can.  ii.  690.  They  embarked  (conscendebant)  in  a  certain  or- 
der, the  mariners  first,  and  then  the  soldiers,  Liv.  xxix-  25.^ 
xxii.  16.  They  also  sailed  in  a  certain  order,  Firg.  jEn.  v. 
833.  the  light  vessels  usually  foremost,  then  the  fleet  or  ships 
of  war,  and  after  them  the  ships  of  burden.  But  this  order 
was  often  changed,  Liv.  passim- 

When  they  approached  the  place  of  their  destination,  they 
were  very  attentive  to  the  objects  they  first  saw,  in  the  samb 
manner  as  to  omens  at  their  departure,  Virg.  Mn.  iii.  537 
Liv.  xxix.  27.  xxx.  25. 

When  they  reached  the  shore,  {terram  appuleruntj,  and 
landed  (exposuerunt)  the  troops,  prayers  and  sacrifices  again 
were  made,  Liv.  xxxvii-  14.  47. 

If  the  country  was  hostile,  and  there  was  no  proper  har- 
bour, they  made  a  naval  camp,  {castra  navalia  vel  nautica) 
and  drew  up  their  ships  on  land,  isubducebant),  Liv.  xxx- 
9.  10.  xxiii.  28-  Cues-  B.  G.  iv.  21.  They  did  so,  especially 
if  they  were  to  winter  there,  Liv.  xxxvi.  45.  xxxviii.  8, 
But  if  they  were  to  remain  only  for  a  short  time,  the  fleet 
%Yas  stationed  in  some  convenient  place,  ad  (tnghoram  stabatj 


Naval  Affairs,  £sV.  443 

scl  ///  stations  fenebatur)^  not  far  from  land,  Liv.  xxxi.  23. 
xxxvii.  15.  xxiv.  17.  C^s.  11  C.  iii.  6-  iv.  21-  B.  Mex.  25. 

Harbours  rPORTUS>>  were  most  stront^lv  fortified,  es- 
pecially at  the  entrance,  faditu^  vel  introitits ;  os,  ostium, 
xel/aucesJ,  Virj^.  JEn.  i.  404.  Cic.  ct  Liv.  The  two  sides  of 
whicli,  or  the  pters,  were  called  CORNUA,  Cic.  Att.  ix. 
14.  Lucan.  ii.  615.  706.  or  BRACHIA,  Plin.  Ep.  vi.  31. 
Suet.  Claud.  20.  Liv.  xxxi.  26.  on  the  extremities  were  e- 
rccted  bulwarks  and  towers,  Vitruv.w  11.  There  was  usu- 
ally also  a  watch-tower,  (Pharos,  plur.  -7),  Ibid- with  lights 
to  direct  the  course  of  ships  in  the  night-time,  as  at  Alexan- 
dria in  Egypt,  C<es.  B.  C-  iii.  ult.  Plin.  xxxvi.  12.  at  Ostia 
and  Ravenna,  Ibid,  at  Capreas,  Brundusiuni,  and  other  pla- 
ces, Suet.  Tib.  74.  Cal.  46-  Stat.  Sylv.  iii.  5.  100-  A  chain 
sometimes  was  drawn  across  as  a  barrier  or  boom,  {claus- 
/rwm),Frontin.  Stratagem,  i.  5.  6- 

Harbours  were  naturally  formed  at  the  mouths  of  rivers  ; 
hence  the  name  of  Ostia  at  the  mouth  of  the  Tiber,  Serv- 
ed Firg  JEn.  V.  281.  Llv-\.  33.  xxvi.  19-  Dionys.  iii.  45. 
Ovid  calls  the  seven  mouths  of  the  Nile,  septem  Portlts, 
Her.  xiv.  107.  Amor,  ii-  13-  10- 

Harbours  made  by  art  fmanu  vel  arte)  were  called  Co- 
THONEs,  vel  -na,  -vrum^  Serv*  ad  Virg-  JEn-  i.  431.  Fes- 
tus. 

Adjoining  to  the  harbour  were  docks  (NAVALIA,  .ium)j 
where  the  ships  were  laid  up,  Csubducta),  careened,  and  re- 
fitted, {re/ectreJ,  Cic.  Of.  ii-  17-  Liv.  xxxvii.  10.  CW.  B, 
C.  ii.  3.  4.  Firg.  iv.  593.  Ovid.  Amor.  ii.  9.  21. 

Fleets  about  to  engage  were  arranged  in  a  manner  similar 
to  armies  on  land.  Certain  ships  were  placed  in  the  cen- 
tre, ^/«(?f/i-j  aciesJ,  others  in  the  right  wing,  fdextriim  cor" 
nuJ  y  and  others  in  the  left ;  some  as  i\  reserve,  C^i^^'bsidiiwj^ 
naves  subsidiarity)^  Hirt.  de  Bell.  Al.  10-  Liv.  xxxvii.  23. 
29.  xxxvi.  44.  We  find  them  sometimes  disposed  in  the 
form  of  a  wedge,  a  forceps^  and  a  circle,  Polyb.  i.  Poly  an- 
iii.  T/iucyd.  11.  but  most  frequently  of  a  semicircle  or  half 
moon,  Feget.  iv.  45.  Sil.  xiv.  370. 

Before  the  battle,  sacrifices  and  prayers  were  made  as  on 
land  ;  the  admiral  sailed  round  the  fleet  in  a  light  galley, 
Cnavis  actuariaj,  and  exhorted  the  men. 

The  soldiers  and  sailors  made  ready  (^se  e?rpediebant)  fo) 


444  ROMAN  ANTIQUITIES. 

action ;  they  furled  the  sails  and  adjusted  the  rigjring  ;  for 
they  never  chose  to  fight  but  in  calm  weather,  Liv-  xxvi- 
39, 

A  red  flag  was  displayed  from  the  admiral's  ship,  as  a 
signal  to  engage.  The  trumpets  in  it  and  all  the  other  ships 
were  sounded,  Sil.  xiv.  372.  and  a  shout  raised  by  all  the 
crews,  Lucan.  iii.  540-  Dw.  xlix.  9. 

The  combatants  endeavoured  to  disable  or  sink  the  ships 
of  the  enemy,  by  sweeping  off  {detcrgendo)  the  oars,  or  by 
striking  them  with  their  beaks,  chiefly  on  the  sides,  Dio-  L. 
29.  They  grappled  with  them  by  means  of  certain  ma- 
chines called  crows,  (COR VI),  iron  hands  or  hooks, 
(ferret  MANUs)  Lucan.  iii.  635-  drygs  or  grappling  irons, 
(harp AGONES,  i.  c  asscresferreo  unco  pr^fixi)^  &c.  .nnd 
fought  as  on  land,  Flor.  ii.  2.  Liv.  xxvi.  39.  xxx.  10.  des. 
B.  G.  i.  52.  Curt.  iv.  9.  Lucan-  xi.  712-  Dio.  xxxix.  43. 
— xlix.  1.  3.  &c.  They  sometimes  also  employed  fire- 
ships,  ^z>?.  B.  Alex,  11.  or  threw  fire-brands,  and  pots 
full  of  coals  and  sulphur,  with  various  other  combustibles, 
Stuppea  fiamma  manu^  telisque  volatile  ferrurn  spargitur^ 
Virg*  I^n,  viii.  694.  which  were  so  successfully  employed 
by  Augustus  at  the  battle  of  Actium,  that  most  of  Antony's 
fleet  was  thereby  destroyed,  Dio,  L.  29.  34,  &  o5.  Hence 
Vix  unasospes  navis  ah  ignibus,  Horat-  od.  i.  37.  13. 

In  sieges  they  joined  vessels  together,  and  erected  on 
them  various  engines,  Curt.  iv.  13.  Liv-  xxiv.  34.  xxvi. 
26.  Cces.  B,  C.  iii.  34.  or  sunk  vessels  to  block  up  their 
liarbours, /6z(f.  et  Liv.  xxxv*  11«  14. 

The  ships  of  the  victorious  fleet,  when  they  returned  home, 
Iiad  their  prows  decked  with  laurel,  and  resounded  with  tri- 
umphant music,  Dio.  LL  5. 

The  prizes  distributed  after  a  victory  at  sea  were  much 
the  same  as  on  land.  (Seep.  416)  Also  naval  punishments, 
pay,  and  provisions,  &c.  Liv.  xxiii.  21.  48. 

The  trading  vessels  of  the  ancients  were  in  general  much 
inferior  in  size  to  those  of  the  moderns.  Cicero  mentions 
a  number  of  ships  of  burden,  none  of  which  was  below 
2000  amphoriv  (quorum  minor  nulla  erat  duum  milliuni 
amphorum)^  i-  e.  about  fifty-six  ton,  which  he  seems  to  have 
tliought  a  large  ship,  Cic,  Fam,  xii,  15,  There  were,  how- 


The  Roman  Dress.  445 

€vcr,  some  ships  of  enormous  bulk.  One  Imilt  by  Ptole- 
my is  said  to  have  been  280  eubits,  i.  e.  420  feet  long,  and 
another  300  feet ;  the  tonnage  of  the  former  7182,  and  of 
the  latter  3197,  Athena  us.  The  ship  whicli  brought  from 
Egypt  the  great  obelisk  that  stood  in  the  Circus  of  the  Va- 
tican in  the  time  of  Caligula,  besides  the  obelisk  itself,  had 
120,000,  modii  of  lentes,  lentiles,  a  khid  of  pulse,  for  ballast, 
about  1138  ton,  Flm.xy'i.  40.  s.  7G- 

CUSTOMS  OF  THE  ROMANS. 
1.  The  ROMAN  DRESS. 

nnHE  distinguishing  part  of  the  Roman  dress  was  the  TO- 
-*-  GA  or  gown,  as  that  of  the  Greeks  was  the  Pallium^ 
Suet.  Aug.  98.  and  of  the  Gauls, -5rfl<:c<f,  breeches,  iSwd"/., 7/^/, 
80.  Claud.  15.  Pirn,  Epist-  iv.  11.  whence  the  Romans  were 
called  GENS  TOOATA.Firg.Mn.'i.  286.  Suet.  Aug.  40. 
•orTOGATI,  Cic.  Rose.  Am,  46.  Ferr.  i.  29.  i-.  62.  Orat, 
i.  24.  iii.  11-  Sallust.  Jug.  21.  Tacit.  Hist,  ii-  20-  and  the 
Greeks,  or  in  general  those  who  were  not  Romans,  PALLI- 
ATI,  Suet.  C^s-  4.  8.  Cic.  Rabir.  Post.  9.  Phil.  v.  5-  and 
Gallia  Cisalpina,  wlien  admitted  into  the  rights  of  citizens, 
was  called  Tog  at  a,  Cic.  Phil,  viii-  9.  Hence  also  Fabula 
Togata  et  Palliates.  (See  p-  381.)  As  the  toga  was  the  robe 
of  peace,  togati  is  often  opposed  to  armati,  Liv.  iii.  10-  50. 
iv.  10.  Cic.  Caecin.  15.  Off.  i.  23.  Pis.  3.  and  as  it  was  chief- 
ly worn  in  the  city,  {ibi^  sc.  rure,  nulla  necessitas  toga:,  Plin. 
Ep.  V.  6)  it  is  sometimes  opposed  toRusTici,  Plin.  vi-  30. 

The  Romans  were  particularly  careful  in  foreign  coun- 
tries to  appear  dressed  in  the  toga^  Cic.  Rabir.  10.  but  this 
was  not  always  done.  Some  wore  the  Greek  dress ;  as  Sci- 
pio  in  Sicily,  Tae.  Ann.  ii.  59-  So  the  Emperor  Claudius  at 
Naples,  Dio.  Ixvi.  6. 

The  TOGA  Ca  tegendo,  quod  corpus  tegat,  Varro)  was 
a  loose  (luxa)  flowing  (Jluitans)  woollen  robe,  which  co- 
vered the  whole  body,  round  and  close  at  tlie  bottom,  (ab 
imoj  but  open  at  the  top  down  to  the  girdle,  {ad  cincturam,) 
without  sleeves  ;  so  that  the  right  arm  was  at  liberty,  and 
the  left  supported  a  part  (lacinia,  a  flap  or  lappet)  of  tlic  to- 
ga, which  was  drawn  up  C subducebatur )  and  thrown  back 
over  the  Itft  shoulder,  and  thus  formed  wliat  \A'a?  called  SI- 


446  ROMAK  ANtlQUlTIES. 

NUS,  afold  or  cavity,  upon  the  breast,  in  which  things  might 
be  carried,  Pliri.  xv.  18.  GelL  iv.  18.  and  with  which  the 
face  or  head  might  be  covered,  Suet.  JuL  82.  Liv.  viii.  9; 
Hence  Fabius,  the  Roman  ambassador,  when  he  denounced 
ivar  in  the  senate  of  Carthage,  is  said  to  have  poured  out, 
Csinum  effudisseJ  Liv.  xxi.  18-  or  shaken  out  the  lap  of  his 
toga^  (excussisse  toga  gremium),  Flor.  ii.  6.  Dionysiu3 
says  the  form  of  the  toga  was  semicircuhir,  iii.  61. 

The  toga  in  latter  times  had  sevejral  folds,  but  anciently 
few  or  none,  {veteribus  nuUi  sinus),  Quinctilian.  xi.  3. 
These  folds  when  collected  in  a  knot  or  centre,  Firg.  J^n.  i. 
324.  were  called  UMBO,  which  is  put  for  the  toga  itself, 
Pers.  V.  33. 

When  a  person  did  any  work,  he  tucked  up  {succmgebat) 
his  togOy  and  girded  it  (astringebat)  round  him  :  hence  ./Ic^ 
cingere  se  operi  vel  adopus^  or  oftener,  in  the  passive,  accin- 
gi,  to  prepare,  to  make  ready.   See  p.  78. 

The  toga  of  the  rich  and  noble,  was  finer  and  larger  (lax- 
ior)  than  of  the  less  wealthy,  Herat.  Epod.  iv.  8.  Epist.  i- 
18.  30.  A  new  toga  was  called  Pexa  ;  when  old  and  thread, 
bare  trita.  Id.  Ep.  i  95-  Martial  ii-  44-  58. 

The  Romans  were  at  great  pams  to  Sid^lusiicomponere)  the 
toga^  that  it  might  sit  properly,  (ne  impar  dissideret)^  and 
not  draggle  Cticc  deflueret)^  Horat  Sat.  ii.  3.  77.  i.  3.  SI* 
Epist.  i.  1.  95.  Quiactil.  xi.  3.  Macrob.  Sat.  ii.  9. 

The  form  of  the  toga  was  different  at  different  times.  The 
Romans  at  first  had  no  other  dress,  Gell.  vii.  12.  It  was  then 
strait  Cat'ctaJ  and  close  ;  it  covered  the  arms,  and  came 
down  to  the  feet,  Quinctil-  Ibid. 

The  toga  was  at  first  worn  by  women  as  well  as  men. 
But  afterwards  matrons  wore  a  different  robe,  called  STO- 
LA,  with  a  broad  border  or  fringe  (limbus)  called  INSTI- 
TA,  Horat.  Sat.  \.  2.  29.  reaciiing  to  the  feet,  Ovid.  Art. 
Am.  i.  32.  Tibull  i.  7.  74-  (whence  instita  is  put  for  matronay 
Ovid.  Art'  Am.  ii.  600.)  and  also,  as  some  say,  when  they 
went  abroad,  a  loose  outer  robe  thrown  over  the  stola  like  a 
surtout,  a  mantle,  or  cloak,  called  PALLA,  or  Peplus,  Hor. 
ib.  99.  But  the  old  scholiast  on  Horace  makes  palla  here  the 
same  with  instita,  and  calls  it  Peripodium  and  Tunica  pah 
liunu  Some  think,  that  this  fringe  constituted  tlie  only  diirv 


The  Roman  Dress.  447 

tinction  between  the  stole  and  toga.  It  is  certain,  however, 
ihat  the  outer  ro!)e  of  a  woman  was  called  P  a  l  l  a  ,  V\rg-  Mn- 
\.  648.  xi.  576.  i^quod  palam  etforis  gerebatur^  Varr.  de 
Lat  ling.  iv.  50.) 

Courtezans,  and  women  condemned  for  adultery,  were  not 
permitted  to  wear  the  ^^o/f/ ;  hence  called  Togat^,  llorat. 
Sat.  i.  2.  82.  Juvefi-  ii.  70.  Martial,  ii.  39.  vi.  64-  x.  52. 
Cic.  Phd-  ii.  18.  and  the  modesty  of  matrons  is  called  Sto- 
lat  us  puclor^  Mrirt-  i.  36-  8. 

There  was  a  line  robe  of  a  circular  form  worn  by  women, 
called  Cvclag,  -acUs,  Juvenal,  vi.  258.  Suet-  Cal.  52. 

None  but  Roman  citizens  were  permitted  to  wear  the  to- 
ga ;  and  banished  persons  were  prohibited  the  use  of  it, 
Piin  Epist.  iv.  11.  Hence  toga  is  put  for  the  dignity  of  a 
Roman,  Horat.  Od-  iii.  5.  10. 

The  colour  of  the  toga  was  white,  and  on  festivals  they 
usually  had  one  newly  cleaned,  Ovid.  Trist.  v.  5.  7.  hence 
they  were  said  Festos  albati  celchrare-,  Horat.  Sat.  ii.  2. 
61. 

Candidates  for  offices  wore  a  toga  whitened  by  the  fuller, 
Toga  Candida.     See  p.  91. 

The  toga  in  mourning  was  of  a  black  or  dark  colour,  TO- 
GA PULLA  vel  atra  ;  hence  those  in  mourning  were  call- 
ed Pcjl  la  ti,  Sutt.  Aug.  44-  Juvenal,  iii.  213.  or  At  rati, 
Cic-  Fat.  12.  But  those  were  also  called  Pullati,  who  wore 
a  great-coat  [lacernaJ  instead  of  the  toga.,  Suet.  Aug.  40.  or 
a  mean  ragged  dress,  Plin.  Epist.  vii.  17.  as  the  vulgar  or 
poor  people,  (pullatus  circitlus^  vel  turba pullata) ,  Quhictil. 
ii.  12.  vi.  4- 

The  mourning  robe  of  women  was  called  RICINIUM, 
i><?/.NUS,  fe/Ric a,  {quod post  tergum  rejicereturj ,  which 
covered  the  head  and  shoulders,  Cic.  legg.  ii.  23-  or  Ma- 
voRTEs,  -IS,  vel  -TA,  Serv.  in  Firg.  Mn.  i.  268.  Isid.  xix. 
25.  They  seem  to  have  had  several  of  these  above  one  ano- 
ther, that  they  might  throw  them  into  the  funeral  piles  of 
their  husbands  and  friends.  The  twrlve  tables  restricted  the 
number  to  three,  Cic.  ibid. 

The  Romans  seldom  or  nerer  appeared  at  a  feast  in 
mourning,  Cic.  Fat.  12.  nor  at  the  public  spectacles,  MarU 
iv.  2-  nor  at  festivals  and  sacriiiGes,  Qvii.  Fmt,  I  79  Ho. 
rat,  n-  2.  60.  Pers.  ii,  40. 


448  ROMAIC  ANTiqUlTiES. 

At  entertainments  the  nlore  wealthy  Romans  laid  aside 
the  toga^  and  put  on  a  particular  robe,  called  Synthesis, 
Martial  v.  80.  ii.  46.  iv.  6&.  which  they  wore  all  the  time  ot 
the  Saturnalia^  because  then  they  were  continually  feasting, 
Martial,  xiv.  1.  141.  Senec.  Epist.  18.  Nero  wore  it  (jyn- 
thesina,  sc.  vestisJ  in  common.  Suet.  51. 

Magistrates  and  certain  priests  wore  a  toga  bordered  with 
purple,  (limbo  purpurea  circumdata),  hence  called  TOGA 
PRiiiTEXTA ;  as  the  superior  magistrates,  Cic.  red.  in 
Sen.  5.  JJv.  xxxiv.  7.  Juvenal,  x.  99.  the  Ponti/iceSj  the 
Augurs,  C?c.  Sext.  69.  the  Decemviri  sacrisfaciundist 
Liv.  xxvii.  39,  &c.  and  even  private  persons  when  they  ex- 
hibited games,  Cic.  Pis.  4. 

Generals  when  they  triumphed  wore  an  embroidered  toga, 
called  PIC  7  A  vel  palm  at  a,  Martial,  vii.  2.  7- 

Young  men,  till  they  were  seventeen  years  of  age,  and 
young  women,  till  they  were  married,  also  wore  a  gown  bor- 
dered with  purple,  TOGA  PRiETEXT A,  Liv.  xxxiv.  7. 
Cic  Verr.  i.  44.  Cat.  ii.  2.  Propert-  iv.  12.  33.  whence  they 
were  called  PRiETEXTATI,  Liv.  xxii.  57.  Cic.  Muran 
5.  Suet.  Aug.  44.  94.  Hence  amicitia  pr<st€Xtata,  i.  e.  a  te- 
neris  annis,  formed  in  youth,  Martial-  x.  20.  But  verba 
pr<etnxtata  is  put  for  obsccena.,  Suet  Vesp.  22.  (quodtmben- 
tibuSi  depositis  pr^^textis^  a  multitudine  puerorum  obscoena 
clamarentur,  Festus),  Gell.  ix.  10.  Macrob.  Sat-\\.  1.  and 
mores  pr^textati,  for  impudici  \c\  corrupti^  Juvenal,  ii.  170. 

Under  the  emperors  the  toga  was  in  a  great  measure  dis- 
used, unless  by  clients  when  they  waited  {officiumfaciebant) 
on  their  patrons,  Suet.  Aug.  60.  Martial,  i.  109.  ii.  57.  x. 
74.  3.  Scohast.  in  Juvenal,  x.  45.  and  orators ;  hence  call- 
ed Togatiy  enrobed,  Senec.  de  constant.  9.  Tacit.  Annul,  xi. 
7. 

Boys  likewise  wore  an  hollow  golden  ball  or  boss,  (AU- 
RE-\  BULLA),  which  hung  fi-om  the  neck  on  the  breast ; 
as  some  think  in  the  shape  of  a  heart,  to  prompt  them  to 
wisdom  ;  according  to  others,  round,  with  the  figure  of  a 
heart  engraved  on  it,  Cic.  Verr.  i-  58.  e^  Ascon-  in  loc.  Iav, 
xxvi-  36.  Plaut.  Mud.  iv.  4.  127.  Macrob.  Sat.  i.  6.  The 
sons  of  freedmen  and  poorer  citizens  used  only  a  leathern 
boss,  {.bulla  scortea^  vel  signum  depaupere  loro\  Juvenal.  \ 


The  Roman  Dress.'  449 

165.  Plin.  xxxiii.  1.  Bosses  were  also  used  as  an  ornament 
for  belts  or  girdlis,  V'lrs-  •Mn.  xii.  942- 

Young  men  usually,  when  they  had  completed  the  seven- 
teenth year  of"  their  age,  laid  aside  ^ponebant  vel  deponedant} 
the  tnga  prtt^texra,  and  put  on  {sumebant  vcl  iiiduabant)  the 
manly  gown,  (TOGA  VTRILIS),  called  Toga  pur  a,  Cic» 
Att.  V.  20.  ix.  19.  because  it  was  purely  white  ;  and  libe- 
ra, Chud.  Trist-  iv.  10.  28.  Fast.  iii.  777.  because  they 
were  then  freed  from  the  restraint  of  masters,  and  allowed 
greater  liberty,  Pej-s.  v.  30. 

The  ceremony  of  changing  the  toga  was  performed  {toga 
mutabatur^  Hor.  Od.  i.  36.  9)  with  great  solemnity  before 
the  images  of  the  Lares,  Propert.  iv.  132.  to  whom  the  bul- 
la was  consecrated,  {lanbics  donata  pependit),  Pers.  ibid« 
sometimes  in  the  Capitol,  Fal-  Alax.  v-  4-  4.  or  they  imme- 
diately went  thither,  or  to  some  temple  to  pay  their  devo- 
tions to  the  gods.  Suet-  Claud.  2. 

The  usual  time  of  the  year  for  assuming  the  to^a  virili's 
was  at  the  feasts  of  Bacchus  in  March,  { Liber alibus^'sXu 
Kal.  Apr.  Cic.  Att.  vi.  1.)   Ovid.  Fast  iii.  771. 

Then  the  young  man  was  conducted  by  his  father  or  prin- 
cipal relation  to  the  Forum,  accompanied  by  his  friends,  Cic- 
Att.  ix.  22.  Aug.  26.  Suet.  Njer.  7.  Tib,  54.  (whose  attend- 
ance was  called  Officium  solenne  TocyE  virilis,  Suet^ 
Claud.  2.  Plin.  Epist.  i.  9.)  and  there  recommended  to 
some  eminent  orator,  whom  he  should  study  to  imitate,  OV. 
Am-  1.  Tacit.  Orat-  34.  whence  he  was  said  Forum  attin^ 
gere  vel  in  forum  venire,  when  he  began  to  attend  to  public 
business,  {fcrensiastipendiaauspicabatur),  Senec.  Controv* 
V.  6.  Cic.  Fam.  v.  8.  xiii.  10-  xv.  16.  This  was  called  Dies 
iogce  virilis.  Suet.  Aug.  66-  Cal.  15.  Claud.  2.  or  Dies  tiro- 
cinii,  Suet.  Tib.  54.  and  the  conducting  of  one  totheforura, 
TYROCINIUM,  Id.  ./lug.  26.  Cal.  10.  The  young  men 
were  called  TIRONES,  young  or  raw  soldiers,  because 
then  they  first  began  to  serve  in  the  army,  Cic.  Phil.  ii.  15o 
F'am.  vii.  3.  Suet-  Ner.  7.  Liv.  xl.  Z^.  Hence  Tiro  is 
put  for  a  learner  or  novice,  Cic.  Orat.  i.  50.  Ponere  tiroci- 
nium, to  lay  aside  the  character  of  a  learner,  and  oive  a  proc?f 
of  one's  parts,  to  be  past  his  noviciate,  Liv.  xlv.  37. 

^^'l^.cn  all  tlrc  form  ill  ities  of  this  day  were  finislied,  the 
■    3N 


450  llOMAN  ANTIQUITIES. 

friends  and  dependents  of  the  family  were  invited  to  a  feast,, 
and  ^mail  presents  distributed  among  them,  called  SPOR- 
TUL/E,  Plin.  Ep.  X.  117,  118.  The  emperors  on  that  oc- 
casion used  to  give  a  largess  to  the  people,  (CONGIARI- 
UM,  so  called  from  congtusy  a  measure  of  liquids),  Suet. 
Tib.  54.  Tacit.  Annat.  iii.  29. 

Servius  appointed,  that  those  who  assumed  the  toga  virilis 
should  send  a  certain  coin  to  the  temple  of  youth,  D'lonys. 
iv.  15. 

Parents  and  guardians  permitted  young  men  to  assume 
(^dahant)  the  toga  vD'ilis,  sooner  or  later  than  the  age  of  seven- 
teen, as  they  judged  proper,.  Cic.yltt.  vi.  1.  Suet.  Aug.  8. 
CaL  10.  CI.  43.  AVr.  7.  under  the  emperors,  which  they 
had  completed  the  fourteenth  year,  Tacit.  Ann-  xii.  41-  xiii. 
15.  Before  this  they  were  considered  as  part  of  the  family, 
{pars  c?o;72^/5),  afterwards  of  the  state,  ireipubliccs),  Tacit,  de 
Mar.  Germ.  13. 

Younfvmen  of  rank,  after  putting  on  the  toga  virilis^  com- 
liionly  lived  in  a  separate  house  from  their  parents,  Suet. 
Tib.  \5-Domit'  2.  It  was,  however,  customary  for  them,  as  a 
mark  of  modesty,  during  the  first  whole  year,  to  keep  {cohi- 
here)  their  right  arm  within  the  toga.,  Cic.  Coel-  5-  and  in 
their  exercises  in  the  Campus  Martius  never  to  expose  them- 
selves quite  naked,  as  men  come  to  maturity  sometimes  did. 
Ibid. 

The  ancient  Romans  had  no  other  clothing  but  the  toga, 
Cell.  vii.  12.  In  imitation  of  whom,  Cato  used  often  to  go 
dressed  in  this  manner,  and  somtimes  even  to  sit  on  the  tri- 
bunal, when  praetor,  {.campestri  sub  toga  cinctus),  Ascon.  in 
Cic.  Val.  Max.  iii-  6-  7.  Hence  Exigua  toga  Catonisy  Hor. 
Ep.  i.  19.  13-  hirta,  Lucan.  ii.  386.  because  it  was  strait 
arcta)  and  coarse,  (crassa  vel  pinguis)^  Horat.  Sat,  i.  3.  15. 
Juvenal,  ix.  28.  Martial,  iv.  19.  Nor  did  candidates  for 
offices  wear  any  thing  but  the  toga.  See  p.  91. 

Tiie  Romans  afterwards  wore  below  the  toga  a  white 
woollen  vest  called  TUNICA,  which  came  down  a  little  be- 
low the  knees  before,  and  to  the  middle  of  the  legs  behind, 
Quinctil.  xi.  3.  at  first  without  sleeves.  Tunics  with  sleeves, 
(CHiRODoTyE  vel  tunica;  manicatis),  or  reaching  to  the  an- 
cles, (f«/cr«)  were  reckoned  effeminate,  Cic.  Cat.  ii.  10.  rirg 


The  Roman  Dress-  451 

.^n.  ix.  616.  Qell.  vii.  12.  But  under  the  emperors  these 
c:tme  to  be  used  with  fringes  at  the  hands,  {admanusfim- 
briato'),  fn^m  the  example  of  Csesar,  Suet-  Jul.  45  linger 
or  shorter,  according  to  fancy,  Horat.  Sat.  \-  2  -2^.  Prof k  iv* 
2.  28.  Those  who  wore  them  were  said  to  be  Ma  vule  a- 
Ti,  Suef.  Cai  52. 

Th^'  tunic  w-js  fastened  by  a  girdle  or  belt  (CINGU- 
UJM,  cinctus,  -US,  ZONA  vcl  Ba/teus)  about  the  waist  to 
kc  p  it  tight,  whicli  also  served  as  a  purse  {pro  nmrsufjio  vel 
crumenn),  in  which  they  kept  their  money,  Gell.  xv.  2. 
Phut.  Mere.  V.  2.  84.  Suet.  Fit.  16.  Ilnrat.  En.  ii.  2,  40. 
hence  inemcfiis  tiinicam  mercator.,  Ovid.  Fast.  v.  675.  The 
purse  commonly  hung  from  the  neck,  Plant.  True.  iii.  2. 
7.  .ind  was  said  decollasse,  when  it  was  tivken  off;  hence  de- 
collar e.,  to  deceive,  Id.  Cap.  iii-  I.  37. 

It  was  also  thought  efFemi4iate  to  appear  abroad  with  the 
tunic  slackly  or  carelessly  girded  :  hence  the  saying  of  Sylla 
concerning  Caesar  to  the  Optimates.,  who  interceded  ^or  his 
life,  Ut  male  pr^cinctum  puerum  caverent,  Suet, 
Jul-  46.  Dio-  43.  43.  For  this  also  Maecenas  was  blamed, 
Senee.  Ep-  14-  Hence  einctus^  prxeinctus  and  suceinctus^ 
are  put  for  industrms,  expeditus  vel  gnavus,  diligent,  active, 
clever,  Horat.  Sat.  i-  S-^-  ii.  6.  107.  because  they  used  to  gird 
the  tunic  when  ct  work,  Id-  Sat.  ii-  8.  10.  Ovid.  Met.  vi. 
59-  and  diseinetus  formers,  mollis,  ignavus;  thus,  Diseinctus 
nepos,  a  dissolute  spendthrift,  Hor.  Epod.  i.  34.  So  Pers.  iii. 
31.  Diseincti./lfri,  Virg.  ^En  viii  724-  effeminate,  or  simply 
ungirt;  for  the  Africans  did  not  use  a  girdle,  Sil.  iii.  236. 
Plaut.  Pcen-  v.  2.  48. 

The  Romans  do  not  seem  to  have  used  the  girdle  at 
home  or  in  private  ;  hence  discineti  ludere,  i.  e-  domi.,  with 
their  tunics  ungirt,  Horat.  Sat.  ii.  1-  73.  discinctaqiie  in  o- 
tia  natusy  formed  for  soft  repose,  Ovid.  Amor.  i.  9.  41.  for 
they  never  wore  the  toga  at  home,  but  an  undress,  (vestis 
domestica,  vel  vestimentd).  Suet.  Aug.  73.  Vit.  8.  Cic.  de 
Fin.  ii.  24.  Plin.  Ep.  v.  6.  f.  Hence  the  toga  and  other 
things  w'hich  they  wore  only  abroad  were  called  FOREN- 
SIA,  Suet.  Aug.  13.  Cat.  11.  or  Vestitus  forensiSj 
Cic-  ibid'  and  Vestimexta  for  en  si  a,  Cclumel  vii.  45. 
5. 


452  ROMAN  ANTIQUITIES. 

The  tunic  was  Avorn  by  women  as  well  as  men  ;  but  that 
of  the  former  always  came  clown  to  their  feet,  and  covered 
their  arms,  Juvenal,  vi.  445.  They  also  used  girdles  both 
before  and  after  marriage,  Festus^  z/zCingulum;  Martial' 
xiv.  151.  Ovid.  Amor.  i.  7.  46. 

The  Romans  do  not  seem  to  have  used  a  belt  above  the 
to^a.  But  this  point  is  strongly  contested- 
Young  men  when  they  assumed  the  toga  virilisi  and  wo- 
men when  they  were  married,  received  from  their  parents  a 
tunic  wrought  in  a  particular  manner,  called  TUNICA 
RECTA,  or  Regilia,  Festiis,  Flinxiii.  48.  s.  74. 

The  senators  had  a  broad  stripe  of  purple  (or  rather  two 
str'ipts,  fascia  vel  plagiiL^,  Varr.  de  Lat-  ling.  viii.  47.)  sew- 
ed on  the  breast  of  their  tunic,  Horat.  Sat.  i.  6.  28*  called 
.LATUS  CLAVUS,  Ovid  Trist.  iv.  10. 29.  and  35.  which 
is  sometimes  put  for  the  tunic  itself,  Suet.  Jul.  45.  or  the 
xlignity  of  a  senator,  id.  Tib.  35.  Claud-  24.  Fesp.  2.  4. 
The  Equites,  a  narrow  stripe,  Angustus  clavus,  FelL 
ii.  88.  called  also  Pauper  clavus,  Stat  Silv.  v.  2.  17* 
arctum  lumen  purpur^^  lb.  iv-  5.  42.  See  p.  8.  &.  29* 

Augustus  granted  to  the  sons  of  Senators  the  right  of 
wearing  the  latus  clavus ^  after  they  assumed  the  toga  virilism 
and  made  them  tribunes  and  prefects  in  the  army  ;  hence 
called  Tribuni  ET  Pr^fecti  Laticl^vii,  Suet.  Aug. 
38-  Ner.  26.  Domit.  10.  The  tribunes  chosen  from  the 
Equites  were  called  Angusticlavii,  Suet.  0th- 10.  Galb. 
10.  They  seem  to  have  assumed  the  toga  virilis  and  latus 
clavus  on  the  same  day,  Flin.  Ep.  viii-  23. 

Generals  in  a  triumph  wore  with  the  toga  picta  an  em- 
broidered tunic,  (tunica  palm  at  a)  Zzt;.  X- 7.  Martial, 
vii.  1.  Flin,  ix.  36.  s.  60.  called  also  Tunica  Jovisy  because 
the  image  of  that  god  in  the  Capitol  was  clothed  with  it, 
Juvenal,  x.  38.  Tunics  of  this  kind  used  to  be  sent  by  the 
senate  to  foreign  kings  as  a  present,  Liv.  xxvii.  4-  xxx. 
15-  xxxi.  11. 

The  poor  people  -who  could  not  purchase  a  toga,  wore  no- 
thing but  a  tunic;  hence  called  Tunic atus  populus, 
Horat.  Ep.  i.  7.  65- or  Tunicati,  Cic-  in  Full- ii.  34. 
Foreigners  at  Rome  seem  also  to  have  used  the  same  dress ; 
(hence  ^pwo  tmicatus,  is  put  for  a  Carthaginian,  FlautFoerto 


The  Roman  Dress-  453 

V.  .^.  2.)  and  slaves,  id.  Amphit.  i.  1.213.  Seriec.  brev.  vit. 
12.  likr-wiNe  gladiators, ///t'^n^/.  ii.  143. 

In  the  country,  persons  f)f  fortune  and  rank  used  only  the 
tunic,  Juvenal,  iii.  179.  In  winter  they  wore  more  than  one 
tunic.  Augustus  used  four,  Suet.  Aug.  82. 

Under  the  tunic,  the  Romans  wore  another  woollen  cover- 
ing next  the  skin  like  our  shirt,  called  INDUSIUM  or 
SuBUCuLA,  Horat.  Ep.  i.  1.  95.  Suet.  ibid,  und  by  later 
writers,  Interula  and  Camiaia.  Linen  clothes  {vcstes  linea;, 
Plin.  xii.  6.)  were  not  used  l>y  the  ancient  Romans,  and  are 
seldom  mentioned  in  the  classics.  The  use  of  linen  was  in- 
troduced under  the  emperors  from  Egypt,  Plin.  Prtef, 
whence  Sindon  vel  vestes  Byssintje.,  fine  linen.  Girls  wore  a 
linen  vest  or  shift,  called  .Supparum  vel  -us,  Phut.  Rud.  i. 
2.  91.  Lucan.  ii.  363-  Festus. 

The  Romans  in  later  ages  wore  above  the  toga  a  kind  of 
greatcoat,  called  LACERNA,  Juvenal,  ix.  29.  open  be- 
fore and  fastened  with  clasps  or  buckles,  (FIBULiE,  which 
were  much  used  to  fasten  all  the  different  parts  of  dress,  Virg'> 
Mn.  iv.  139.  Ovid,  il/^^  viii.  318.  except  the  ^o^-c J,  es- 
pecially at  the  spectacles,  Martial,  xiv.  137.  to  screen 
them  from  the  weather,  with  a  covering  for  the  head  and 
shoulders,  {capitium^  quod  capit  pectus,  Varr-  L.  L.  iv. 
30.)  called  CUCULLUS,  Juvenal,  vi.  118.  329.  Martial. 
xi.  99.  They  used  to  lay  aside  the  lacerna.,  v/hen  the  em- 
peror entered.  Suet.  Claud.  6.  It  was  at  first  used  only  in 
the  army,  Paterc-  ii.  80.  Ovid-  Fast.  ii.  745-  Prop.  iii.  10. 
7-  but  afterwards  also  in  the  city. 

During  the  civil  wars,  when  the  toga  began  to  be  disused, 
the  lacerna  came  to  be  worn  in  place  of  it,  to  such  a  de- 
gree, that  Augustus  one  day  seeing  from  his  tribunal  a 
number  of  citizens  in  the  assembly  dressed  in  the  lacerna^ 
ipullati  vel  lacernatij,  which  was  commonly  of  a  dark  co- 
lour, Martial,  xiv.  129.  repeated  with  indignation  from 
Virgil,  "  Romayios  rerum  dominos  gentemque  togatam .'" 
JtLn.  i.  282.  and  gave  orders  to  the  ediles  not  to  allow  any 
one  to  appear  in  \hQfo7'um  or  circus  in  that  dress,  Suet.  Aug. 
40.  It  was  only  used  by  the  men.  Scholiast,  in  Juvenal. 
I.  62.  and  at  first  was  thought  unbecoming  in  the  city,  Cic. 
Phil.  ii.  30.  It  was  sometimes  of  various  colours  and  tex- 
turCj  Juvenal,  i,  27.  ix.  28.  Martial'  ii.  19, 


454  ROMAN  ANTIQUITIES. 

Similar  to  the  lacerna  was  the  LiENA,  {%>^ait.)^j^  a  Gre- 
cian robe  or  mantle  thrown  over  xhf- pnllium.  Ser<'-  ad  Virg. 
Mr\.  V.  262.  Festus,  Martial,  xii.  36.  xiv.  13.  136. 

The  Romans  had  another  kind  of  great  coat  or  surtout, 
resembling  the  lacerna^  but  shorter  and  straiter,  called 
PENULA,  which  was  worn  above  the  tunic,  Suet.  Ner. 
48.  having  likewise  a  hood,  (caput  vel  capithim),  Plin. 
xxiv.  15.  used  chiefly  on  journies  and  in  the  army,  Cic.  Ate. 
xiii.  33.  Mil.  10.  Sext,  38.  Jiiv.  v.  78.  Senec-  Ep.  87.  JV. 
Q-  iv.  6.  also  inthe'city,  Suet.  Cic.  52.  Lamprid.  Alex.  Sev. 
27.  sometimes  covered  with  a  rough  pile  or  hair  for  the 
sake  of  warmth,  called  GAUSAPA,  sing-  et  plur.  vel.  e  ; 
Patron.  23.  Ovid.  Art.  Am.  ii.  300.  Pers.  vi.  46-  or  Gau- 
sapina  panula.  Martial,  vi.  59.  xiv.  145.  147.  of  various  co- 
lours, and  common  to  men  and  vvomen,  zbid.  sometimes 
made  of  skins,  Scortea,  JFestus,  Martial,  xiv-  130. 

The  military  robe  of  the  Romans  was  called  SAGUM, 
an  open  woollen  garment,  which  was  dravv-n  over  the  other 
clothes  and  fastened  before  with  clasps,  Suet-  Aug.  26.  Sil. 
xvii.  531.  in  dangerous  conjunctures  worn  also  in  the  city, 
by  all  except  those  of  consular  dignity,  Cic.  Phil.  viii.  11.  as 
in  the  Italic  war  for  two  years,  Liv.  Epit.  72.  &  73.  Paterc. 
ii.  16.  Distento  sago  impositum  in  sublime  j acta?' e^  to  toss 
in  a  blanket,  Suet.  0th.  2.  Martial,  i.  4.  7. 

The  Romans  wore  neither  stockings  nor  breeches,  but  used 
sometimes  to  wrap  their  legs  and  thighs  with  pieces  of  cloth, 
(FASCIi^,  vel  -ioU.,  fillets,  bands,  or  rollers),  named  from 
the  parts  which  they  covered,  TIBIALIA,  and  FEMI- 
NALIA,  or  Femoralia,  i.  e.  tegumenta  tibiarum  etfemo- 
rufUy  Suet.  Aug.  82.  similar  to  Avhat  are  mentioned,  Exod. 
xxviii  42-  Levit.  vi.  10.  xvi.  4;  Ezek.  xliv.  18- used  first, 
probably,  by  persons  in  bad  health,  Cic.  Brut.  60-  Horat. 
Sat.  ii.  3.  255-  Quinctil.  xi.  3.  afterwards  by  the  delicate 
and  effeminate,  Cic- Att'  ii.  3.  Har-  resp.  21.  Suet.  Aug. 
82.  who  likewise  had  mufflers  to  keep  the  throat  and  neck 
warm,  called  FOCALIA  vel  Focale,  sing,  {a  faucibus), 
Horat.  et  Quinct.  ibid.  Martial  iv.  41.  vi.  41.  xiv.  142, 
used  chiefly  by  orators.  Ibid,  et  Gell.  xi.  9.  Some  used  a 
handkerchief  CSUDARIUM)  for  that  purpose,  Suet.  A'er. 
51. 


The  Roman  Dress.  Aoth 

Women  used  ornaments  round  their  lei?s,  (ornamenta 
circa  crura),  called  PP:RISCELIDES,  Borat-  Ep.  I  17- 
56- 

The  Romans  had  various  coverings  for  the  feet,  (calcea- 
menta  vcl  tegumttita  pedunu  Cic.  Tusc»  v.  32-),  but  chief- 
ly of  two  kinds.  The  one  (C  ALCEUS,  'vxohf^*,  ;i  shoe),  co- 
vered the  whole  foot,  somewhat  like  our  shoes,  and  was  tied 
above  with  a  latchct  or  lace,  a  point  or  spring,  (CORRL 
GIA,  LoRUM  vel  Licula),  Cic.  dc  Diviri'  U' 40*  Alartiai' 
ii.  -29.  57-  The  other  (SOLEA,o-*yJ'aA/oy,  a  slipper  or  sandal, 
g uod  so\o  pedis  subjiciatur,  Festus),  covered  only  the  sole 
of  the  foot,  and  was  fastened  on  with  leatliern  thongs  or 
strings,  teretibns  hahems  vel  obstrigillis  vincta,  GeJl.  xiii. 
21.  amentis,  Plin^  xxxiv.  Q.  s-  14.  hence  called  Vincula, 
Ovid'  Fast,  ii'  324.  Of  the  latter  kind  there  were  various 
sorts;  Crepid^,  vel  -dul^e,  lb-  Cic'  Rabir-  Post' 27' 
Horat  Sat-  i-  3-  127.  Gallics,  Cic-  Phil-  ii-  30-  Gell- 
xiii.  21.  hC'  and  those  who  wore  them  were  said  to  be  {^dis- 
calceati,  uvwo^r,Toiy  pedibus  intectis.  Tacit.  Ann.  ii.  59* 

The  Greeks  wore  a  kind  of  shoes,  called  Ph^casia, 
Senec.  de  benef-  vii.  21. 

The  calcei  were  always  worn  with  the  toga  when  a  per- 
son went  abroad,  Cic'  ibid»  PUri'  Epist-  vii.  3.  Suet-  Aug' 
73.  whence  he  put  them  off,  (calceos  et  vestimenta  muta' 
vit),  and  put  on  {indupbat  vel  inducebat)  slippers  when  he 
weni- on  a  journey,  Cic- Mil-  10.  Caligula  permitted  those 
who  chose,  to  wear  slippers  in  the  theatre,  Dio'  lix.  7-  as  he 
himself  did  in  public,  Siift-  52. 

Slippers  isolead  were  used  at  feasts.  Plant'  TruC'  ii.  4.  13. 
Horat'  Sat'  ii-  8.  77-  Ef)-  i.  13.  15.  but  they  put  them  oft" 
when  about  to  eat.  Martial'  iii.  50*  It  was  esteemed  effem- 
inate for  a  man  to  appear  in  public  in  slippers,  (soleatus\ 
CicHar.  Resp.  21.  Verr-v.  33.  Pis- 6.  Liv.  xxix.  19.  Su- 
et- Cal.  32.  Slippers  were  worn  by  women  in  public,  Plant- 
Tare  Ii.  8. 

The  shoes  of  senators  oame  up  to  the  middle  of  their  legs, 
Plorat'  Cat'i'  6. 27.  and  had  a  golden  or  silver  crescent  (lunu 
vel  lunula,  i.  e.  litera  C)on  the  top  of  the  foot,  JuvenaU  vii- 
192.  hence  the  shoe  is  called  Lunata  pellis  Martial-  i.  50- 
and  the  foot  lunata  planfa,  Id-  i1.  29-    Rut  this  seems  to 


U 


456  KOMAN  ANTIQUITIES. 

have  been  peculiar  to  Patrician  senators,  Scholiast'  in  Ju- 
venal- hence  it  is  called  Patiiicix\  lux  a,  Stat,  Silv.  v«  3^ 
28. 

The  shoes  of  uomen  were  generally  white,  Ovid.  Art-  Ani' 
lii'  27 1'  sometimes  red,  scarlet,  or  purple,  [rubric  mullein  et 
ptirpurei),  Pers-  v.  169.  Virg.  Eel-  vii.  32.  /En.  i-  341.  yel- 
low,/r/^e?  vel  c^-m),  Catull.  lix-  9,  &c.  adorned  with  em- 
broidery  and  pearls,  particularly  the  upper  leathers  or  up- 
per parts,  Ccrepidariun  obstragula)^  Plin.  ix.  o5'  S'  56' 

Men's  shoes  were  generally  black  ;  some  wore  them 
scarlet  or  red,  3Ia?'tial'  ii-  29.  8-  as  Julius  Ccesar,  Dio.  xliii. 
43.  and,  cspegially  under  the  emperors,  adorned  with  gold, 
silver,  and  precious  stones,  Plant.  Bacch'  ii.  3.  97.  Senec- 
ii.  12.  Pliu'  xxxvii'  2-  They  were  sometimes  turned  up 
in  the  point  in  the  form  of  the  letter  f,  called  Calcei  repandi^ 
Cic  de  Nat.  D.  i-  30- 

The  senators  are  said  to  have  used  four  latchets  to  tie  their 
shoes,  and  plebeians  only  one,  Isid.  xix-  34.  Senec.  de  Tran- 
qmll-  Anim.  2. 

The  people  of  ancient  Latium  wore  shoes  of  unwrought 
leather,  {ex  corio  crudo)^  called  PERONES,  Virg.  A^m.  vii. 
90-  as  did  also  the  Marsi^  Hernici^  and  Festini,  who  were 
likewise  clothed  in  skins,  JurenaL  xiv.  195,  &.c.  It  was 
long  before  they  learned  the  use  of  tanned  leather,  (Alut^  ; 
ex  alumine^  (of  ulam),  quo  pelles  subigebantur,  ut  molliores 
fierentJ^  which  was  made  of  various  colours,  Martial,  ii. 
29.  vii.  24. 

The  poor  people  sometimes  wore  v/ooden  shoes,  {soleae 
lignexJ ^  Vvhich  used  to  be  put  on  persons  condemned  for 
parricide,  Auct.  ad  Herenn.  i-  13.  de  Invent,  ii.  50. 

Similar  to  tliese  were  a  kind  of  shoes  worn  by  country 
people,  caaed  ScuLPoNEiE,  Cato  de  re  R.  59.  widi  which 
they  sometimes  struck  one  another  in  the  face,  Cos  batue- 
bant)^  Plant-  Css-  ii.  8.  59.  as  courtezans  nsed  to  treat  their 
lovers,  [comrnitigare  sandalio  caput),  Terent.  Eun.  v-  8,  4, 
Thus  Omphale  used  Hercules,  ib. 

The  shoes  of  the  soldiers  were  called  Calico,  sometimes 
hhod  with  nails,  (clavis  sufflx^e),  seep.  397.  of  the  comedi- 
ans, SOCCI,  slippers,  often  put  for  sole^ ;  of  the  tragedians, 
CoTHURN^i'    Seep.  383- 


The  Roman  Dresg.  4S7 

The  Romans  sometimes  used  socks  or  coverings  for  the 
feet,  made  of  wool  or  goat's  hair,  called  UDONES,iliariza/« 
xiv.  14{). 

The  Romans  also  had  iron  shoes  (Sole/E  FERREiE)for 
mules  and  horses,  not  fixed  to  the  hoof  with  nails  as  among 
us,  iMit  fitted  to  the  foot,  so  that  they  might  be  occnsionally 
put  on  and  off,  Catidl  xviii-  26-  Suet  Ner.  30.  r<«.9/J- 23- 
Plm-  XXXV.  11.  s.  49.  sonutimes  of  silver  or  gold;  {Poppcsa 
conjux  Neronis  delicatioribus  jumentis  suis  soleaa  ex  auro 
(juoqueinduere),  id-  xxxiii.  11»  s.  49.  DiOy  Ixii*  28* 

Some  rhink  that  the  ancients  did  not  use  gloves,  (chirothe- 
C(t  vel  manicce)'  But  they  are  mentioned  both  by  Greek  and 
Roman  writers.  Homer'  OdysS'  24.  Pliri'  Ej)-  iii*  5.  with  fin- 
gers, {digitalia,  -um),  Varr.  R.  R.  i.  55'  and  without  them  ; 
what  we  call  tnittens' 

The  ancient  Romans  went  with  their  head  bare,  (capita 
aperto),  as  we  see  from  ancient  coins  and  statues,  except  at 
sacred  rites,  games,  festivals,  on  journey  and  in  war.  Hence 
of  all  the  honours  decreed  to  Caesar  by  the  senate,  he  is  said 
to  have  been  chiefly  pleased  with  that  of  always  wearing  a 
laurel  crown,  because  it  covered  his  baldness,  Suet.  Jul-  45. 
which  was  reckoned  a  deformity  among  the  Romans,  Ovid- 
Art.  Am-  \\\-  250.  Tacit.  Anna!,  iv-  57-  Suet.  Domit.  18-  Ju- 
venal- iv.  38'  as  among  the  Jews,  II.  Kings,  ii-  23. 

They  used,  however,  in  the  city,  as  a  screen  from  the  heat 
or  vvind,  to  throw  over  tlieir  head  the  lappet  of  their  gown, 
flaciniam  vel  sinurn  tog«  in  caput  rejicereJ^  which  they  took 
off  when  they  met  any  one  to  whom  they  were  bound  to 
shew  respect,  as  the  consuls,  &c-  Plutarch-  in  Pomp,  et 
qutext.  Rom-  10.     Seep.  118- 

The  Romans  veiled  their  heads  at  all  sacred  rites  but  those 
of  Saturn,  Serv.  in  Virg.  ,^n-  iii.  405.  Liv-  i-  26.  in  cases 
of  sudden  and  extreme  danger,  Plaut.  Most-  ii.  1-  77.  Pe- 
tron.  7'  90.  in  grief  or  despair,  as  when  one  was  about  to 
thrr-w  hi?7iself  into  a  river  or  the  like,  Horat.  Sat-  ii-  3.  37. 
Ijiv.  i\  12.  Thus  Ccesar,  when  assassinated  in  the  senate 
house,  Suet.  C<es.  82-  Pompey,  when  slain  in  Egypt,  Dio^ 
xlii.  4.  Crassus  when  defeated  by  the  Parthians,  Plutarch, 
Appius,  wl-ien  he  fled  from  the  Forum,  Liv.  iii.  49.  So  cri^ 

minals  when  executed,  lAv.  i.  26.  SiL  xi.  259„ 

3  0 


458  ROMAN  ANTIQUITIES. 

At  games  and  festivals  the  Romans  wore  a  woollen  cap  or 
bonnet,  (PILEUS,  vel  -iini),  Horat.  Ep.  i.  13.  15.  MartiaL 
xi.  7-  xiv.  1-  Suet.  Ner.  57.  Senec.  Epist.  18.  which  was  al- 
so worn  by  slaves,  hence  called  pileati,  when  made  free, 
Liv.  xxiv.  16.  Plant.  Amph.  i-  303-  or  sold,  Gell.  vii.  8. 
(See  p-  38-)  whence  pileus  is  put  for  liberty,  Suet.  Tib.  4. 
Martial,  ii.  48.  4.  likewise  by  the  old  and  sickly,  Ovid.  Art. 
Am.  i.  733- 

The  Romans  on  journey  used  a  round  cap  like  a  helmet, 
(GALERUSvel  .urn J,  Virg.  Mn.vn.  688.  or  a  broad- 
brimmed  hat,  (Petasus),  Suet.  Aug'  82.  Wtuct petasatust 
prepared  for  ajourney,  Cic.  Fam.  xv.  17.  Caligula  permit- 
ted the  use  of  a  hat  similar  to  this  in  the  theatre,  as  a  screen 
from  the  heat,  Dio^  lix.  7. 

The  women  used  to  dress  their  hair  in  the  form  of  a  heL 
met  or  Galerus,  mixing  false  hair,  ( crines  ficti  vel  supposi- 
ti)  with  it,  Scholiast.  i?i  Juvenal-  vi.  120 — So  likewise  war- 
riors, Sil-  i-  404.  who  sometimes  also  used  a  cap  of  un- 
wrought  leather,  (CUDO  vel  -ow),  Sil-  viii.  494.  xvi.  59. 

The  head-dress  of  women,  as  well  as  their  other  attire, 
was  different  at  different  periods.  At  first  it  was  very  simple. 
They  seldom  went  abroad  ;  and  when  they  did,  they  almost 
always  had  their  faces  veiled.  But  when  riches  and  luxury 
increased,  dress  became  with  many  the  chief  object  of  atten- 
tion ;  hence  a  woman's  toilet  and  ornaments  were  called 
MUNDUS  MULIEBRIS,  her  world,  Liv.  xxxiv.  7. 

They  anointed  their  hair  with  the  richest  perfumes,  Ovid. 
Met.\'  53.  TibulL  iii.  4.  28.  and  sometimes  painted  it,  Tib. 
i  9.  43.  Ovid.  Art.  Am.  iii.  163.  (comam  rutilabant  vel  in- 
cendebant^)  made  it  appear  a  bright  yellow,  with  a  certain 
composition  or  wash,  a  lixivium  or  ley  ;  (lixivo  vel  -va,  ci- 
nere  vel  cinere  lixivii^  Val.  Max.  ii.  1-  5.  P/m*  xiv.  20. 
Spunia  Batava^  vel  caustica,  i.  e-  sapone,  with  soap,  Mar- 
tial, viii.  33.  20.  xiv.  26.  Suet.  Cal.  47-  PUn-  xxviii.  12.  s. 
51.)  but  never  used  powder,  which  is  a  very  late  invention  ; 
first  introduced  in  France  about  the  year  1593. 

The  Roman  women  frizzled  or  curled  their  hair  with  hot 

irons,  {calidoferro  vel  calamistris  vibrabant,  crispabant,  vel 

intorquebant)^  Virg.  NjX\.  xii.  100*  Cic-  Brut.  73*  hence  co- 

:fnacalamistratayinzz\t^\i^it,  Qic*  Sext-B*  Homo  cahmistra- 


The  Roman  Dresg.  459 

ius^  by  way  of  contempt,  Cic'  post-  red'  in  Sen-  6*  Plant* 
Asm-  iii«  3'  37*  and  sometimes  raised  it  to  a  great  height  by 
rows  and  stories  of  curls,  Juvenal'  vi'  501'  Hence  Altum 
CALiENDRUM,  i«e.  capiUitium  adidterinum  \q\  cafnllamen- 
turn,  Suet.  CaU  11.  in  galeri  vel  galece  modum  suggestum, 
Tertuil'  de.  Cult.  Fem.  7-  the  lofty  pile  of  false  hair,  Horat, 
Sat'  i.  8.  43.  suggestus,  vel  -um  coma^  as  a  building,  Stat* 
Sytv.  i.  2.  114.  Coma  in  gradus  formata,  itnto  stories  Suet. 
Ner.  51.  Quinctil.  xii.  Flexus  cincinnorum  vel  ammlorum, 
the  turning  of  the  locks  or  curls,  fimbricv  vel  cirri,  the  extre- 
mities or  ends  of  the  curls,  Cic.  Pis-  11.  Juvenal,  xiii.  165. 
The  locks  seem  to  have  been  fixed  by  hair-pins  ;  (crinales 
acus)y  Propert.  iii.  9-  53.  Dio-  li.  14. 

The  slaves  who  assisted  in  frizzling  and  adjusting  the  hair, 
On  crine  componendo)^  were  called  CINIFLONES  or  Ci~ 
NERARii,  Horat.  Sat.  i-  2.  98.  who  were  in  danger  of  pun- 
ishment if  a  single  lock  was  improperly  placed,  {si  units  de 
toto  peccaverat  orbe  comarum  annulus,  incerta  non  henejix- 
us  acu')  ;  the  whip  (Taurea,  i.  Q.Jiagrum  vel  scutica  de pe- 
ne  taurino)  vvas  presently  applied,  Juvenal,  vi-  491.  or  the 
mirror,  (Speculum),  made  of  polished  brass  or  steel,  of  tiu 
or  silver,  Plin-  xxxiv.  17.  s.  48-  was  aimed  at  the  head  of 
the  offender,  Martial,  ii.  66.  A  number  of  females  attended, 
who  did  nothing  but  give  directions,  Juvenal,  ibid-  Every 
woman  of  fashion  had  at  least  one  female  hair-dresser,  (gr- 
NATRix),  Ovid  Amor.  i.  14.  16.  ii-  7.  17.  &  23. 

The  hair  was  adorned  with  gold,  and  pearls,  and  precious 
stones,  Ovid.  Her.  xv.  75.  xxi.  89.  Manil.  v.  518.  some- 
times with  crowns  or  garlands  and  chaplets  of  flowers,  {co- 
ronx  et  serta),  Plaut-  Asin.  iv.  1.  58.  bound  with  fillets  Or 
ribands  of  various  colours,  {crinales  vittcsye\fasci<e),  Ovid. 
Met.  i-  477.  iv.  6. 

The  head-dress  and  ribands  of  matrons  were  different  from 
those  of  virgins,  Propert.  iv.  12.  34.  Virg-  jEn.  ii.  168- 

Ribands  (VITT-^)  seem  to  have  been  peculiar  to  modest 
women  ;  hence  Vitt(e  tenues,  insigne  pudoris,  Ovid.  Art. 
Am.  i-  31.  Nilmihi  cum  vitta^  i.  e.  cum  fjiuliere  pudica  et 
casta.  Id-  Rem.  Am.  386.  and,  joined  with  the  Stola,  were 
the  badge  of  matrons,  Id.  Trist.  ii.  ;  \\ewQ.e  Etvos,  qmsvit^ 
Z^  longaque  vestisabestj  i.  e.  impudic^,  Id.  Fast.  iv.  134* 


460  ROMAN  ANTIQUITIES. 

Immodest  women  used  to  cover  their  heads  with  mitres, 
(M1TR2E  vel  mitell(e)^  Juvenal-  iii-  66*  Serv.  in  Virg^  JEn. 
iv.  216.  Cic'  de  Resp.  Harusp-  21. 

Mitres  were  likewise  worn  by  men,  although  esteemed  ef- 
feminate, Cic.  Rabir.  Post.  10.  and  what  was  still  more  so, 
coverings  for  the  cheeks,  tied  with  bands  (redimicida  vel  li- 
gaminaj  under  the  chin,  Virg.  ibid.et.  ix.  616- Fropert. 
ii.  29. 

An  embroidered  net  or  caul  {reticulum auratum)  was  used 
for  inclosing  the  hair  behind,  Juvenal,  ii.  96.  called  vesica 
from  its  thinness,  Jl/ar^w/-  viii.  33.  19- 

Women  used  various  cosmetics,  (medicamina  vel  lenoci- 
niaJy  md  washes  or  wash- balls  ( smegmata)  to  improve  their 
colour,  Ovid.  Met.  Tac.  51,  &c-  Senec.  Helv  16.  They 
CO- ered  their  face  with  a  thick  paste,  {.multo  pane  vel  tecto- 
rio),  which  they  wore  at  home,  Juvenal  vi.  460,  Sec- 

Poppsea,  the  wife  of  Nero,  invented  a  sort  oi pomatum  or 
ointment  to  preserve  her  beauty,  called  from  her  name  POP- 
P^EANUM,  made  of  asses  miWi^Ibid.  et  Plin-xi.  41.  xxviii' 
12.  s.  50.  in  which  she  used  also  to  bathe-  Five  hundred  as- 
ses are  said  to  have  been  daily  milked  for  this  purpose  ;  and 
when  she  was  banished  from  Rome,  fifty  asses  attended  her, 
ibid,  et  Dio-  ixii.  28.  Some  men  imitated  the  wonien  in 
daubing  their  faces  ;  thus  Otho,  {faciem  pane  madido  line- 
re  quotidie  consuevit).,  Suet.  Oth.  12.  Juvenal  li.  107.  Pu- 
mice stones  were  used  to  smooth  the  skin,  Plin.  xxxvi.  21. 
s.  42. 

Paint  (FUCUS)  was  used  by  the  Roman  women  as  early 
as  the  days  of  Plautus  ;  ceruse  or  white  lead  (cerussa),  or 
chalk,  (creta)  to  whiten  the  skin,  and  vermilion  {minium 
purpurissum  vel  rubncaj  to  make  it  red,  Plaut.  Most,  i.  3. 
101.  &  118.  True-  ii.  11.  35.  Ovid.  Art  Am.  iii-  199.  Ho- 
rat.  Epod.  12-10.  Martial,  ii.  41.  viii.  33-  17.  Hence,/w. 
catte^  cerussate  cretata  et  minionatce^  painted,  Ibid,  in  which 
also  the  men  imitated  them,  Cic.  Pis.  11- 

The  women  used  a  certain  plaister  which  took  off  the 
small  hairs  from  their  clieeks ;  or  they  pulled  them  out 
by  the  root  {radicitus  vellebant)  with  instruments  called 
VOi.SELLiE,  tweezers,  Martial,  ix.  28-  which  the  men 
likewise  did.  Id,  viii.  47.  Suet,  C<xs.  45.  Galb.  22-  Oth.  12. 


The  Roman  £)ress.  461 

Quinctil.  i-  6.  V'  9.  Pro<rm.  vlil.  The  edges  of  the  eye-lids, 
an*-!  eye-brows  thf.y  painted  with  a  blaek  powder  or  soot, 
ifuligine  colliiitbant') ,  Tertul-  de  cult.  foem.  5.  Juvenal,  ii. 
Pliii.  Ep.  vi-  2. 

When  they  wanted  to  conceal  any  deformity  on  the  face, 
they  used  a  patch,  (SPLENIUM  vel  emplastrum).  Mar- 
tial, ii.  29.  8.  sometimes  like  a  crescent,  lunatum)^  Jd.  viii. 
S3-  22.  also  for  mere  ornament,  Plhi.  Ep.  vi  2.  Hence  sple- 
niatus,  patched,  Martial,  x.  22.  Regulus,  a  f?mous  lawyer 
under  Domitian,  used  to  anoint  icircumlinere)  his  right  or 
left  eye,  and  wear  a  white  patch  over  one  side  or  the  other 
of  his  forehead,  as  he  was  to  plead  either  for  the  plaintiff  or 
defendant,  {dextrinn,  si  a  v.  pro  petitore  ;  alterum^  si  a  pos* 
sessore  esset  acturus)^  Plin.  Ep.  vi.  2. 

The  Romans  rook  great  care  of  their  teeth  by  washing  and 
rubbi'ig  ihem,  Plin.  Ep.  viii-  18.  Plin.  xxxi.  10.  Martial,^ 
xiv.  22.  56.  When  they  lost  them  they  procured  r^.rtificial 
teeth  of  ivory,  Horat  Sat  i.  8.  48.  Martial  i.  20.  73.  ii.  41. 
V.  44.  xii.  23.  If  loose  they  bound  them  with  gold,  Cic, 
Legg-  \i'  24.  It  is  said  iEsculapius  first  invented  the  pulling 
of  teeth,  (dentis  evulsionemj ^  Cic-  Nat.  D.  iii.  57. 

The  Roman  ladies  used  ear-rings  (INAURES)  of  pearls, 
fmargirat^,  bacc«,  vel  unionesj,  Horar..  Epod.  viii.  14.  Sat. 
ii.  3'  241.  three  or  four  to  each  ear,  Plin'  ix.  35.  s.  56.  Ssnec* 
de  Bene/'  vii.  9.  sometimes  of  immense  value,  Suet- Jul'  50. 
PUh'  ix.  35.  s.  37.  hence,  Uxor  tua  locupletis  damns  auribua 
censum  gerit,  Senec.  Vit.  Beat.  17.  and  of  precious  stones, 
Ovid'  Art'  Am.  i.  432.  also  necklaces  or  ornaments  for  the 
neck,  (MONILIA),  made  of  gold,  and  set  with  gems,  Virg. 
Mn-  i.  658-  Ovid.  Met.  x-  264.  CiC'  Verr-  iv.  18.  which  the 
men  also  used.  Suet.  Galb.  18.  Ovid-  Met-  x.  115.  Plin.  ix* 
o6.  But  the  ornament  of  the  men  was  usually  a  twisted 
chain,  (torquis-,  v.  -es^:,  Virg.  iEn.  vii.  351*  or  a  circular  plate 
of  gold,  {circuliis  auri  vel  aureus)^  Virg.  iEn.  v.  559.  also  a 
chain  composed  of  rings,  {catena^  catella^  vel  cate?mlaj,  used 
both  by  men  and  women,  LtV'  xxxix.  31.  Horat-  Ep.  i-  17- 
55'    Ornaments  for  the  arms  were  called  ARMILL.^. 

There  was  a  female  ornament  called  SEGMENTUM, 
worn  only  by  matrons,  Fal'  Mx'  v.  2-  1.  which  some  sup- 
pose to  have  been  a  kind  of  necklace,  Seru*  in  Virg.  MtI'  i* 


482  ROMAN  ANTIQUITIES. 

758*  Zyi(/'xix.  31.  but  others,  more  properly,  an  embroid« 
ered  riband,  (fascia  tenia,  vel  vitta  intexta  auroJ ^  or  a  pur- 
ple fringe,  {purpurea fimbria  vel  instita)  sewed  to  the  clothes. 
Scholiast'  in  JuV'  ii-  124.  vi'  89.  Ovid'  Art-  Afn-  iii.  169- 
HenCe  Festis  segmentata^  an  embroidered  robe,  or  having  a 
purple  fringe,  (a  crebis  sectionibusJ ^  Plaut. 

The  Roman  women  used  a  broad  riband  round  the  breast 
called  STROPHIUM,  which  served  instead  of  a  bodice  or 
stays,  Catull'  Ixii.  (iS-  They  had  a  clasp,  buckle,  or  bracelet 
on  the  left  shoulder,  called  SPINTHER  or  Spinier,  Fes- 
tus,  Plaut.  Men.  iii.  3.  4. 

The  ordinary  colour  ofclothes  in  the  timeof  the  republic 
was  white  ;  but  afterwards  the  women  used  a  great  variety 
of  colours,  according  to  the  mode,  or  their  particular  taste, 
Ovid' Art.  m-  187- 

Silk(T;tf^ft.5  serica  vel  bombycind)  was  unknown  to  the  Ro- 
mans till  towards  the  end  of  the  republic.  It  is  frequently 
mentioned  by  writers  after  that  time,  Virg.  G-  ii.  121.  Ho~ 
rat.  Epod.  viii.  15.  Suet-Cal  52-  Martial  iii-  82.  viii.  33-  68. 
ix.  38.  xi.  9.  28  50.  Juvenal,  vi.  259-  The  use  of  it  was 
forbidden  to  men,  Tacit.  Annal.  ii.  33.  Vopis.  Tacit  10. 

Heliogabalus  is  said  to  have  been  the  first  who  wore  a 
robe  of  pure  silk,  ivestis  holoserica),  before  that  time  it  used 
to  be  mixed  with  some  other  stuff,  isubsericum),  Lamprid. 
in  Elagab-  26.  29-  The  silk,  which  had  been  closely  woven 
in  India,  was  unravelled,  and  wrought  anew  in  a  looser 
texture,  intermixed  with  linen  or  woollen  yarn,  Plin.  vi.  20. 
so  thin  that  the  body  shone  through  it,  (ut  transluceret)^ 
ibid,  first  fabricated  in  the  island  Cos ;  Plin.  xi.  22.  s.  26. 
Hence  Vestes  Co<£  for  series  vel  bombi/cina,  tenues  vel  pel- 
lucida,  Tibull.  ii.  3.  57-  Propert.  i.  2-  2.  Horat.  Sat.  i.  2.101. 
Fentus  textilis,  v.  nebula,  Petrori.  35.  The  Emperor  Au- 
relian  is  said  tohaverefused  his  wife  a  garment  of  pure  silk, 
on  account  of  its  exorbitant  price,  Fopisc.  in  AureJ.  45. 

Some  writers  distinguish  between  vestis  bombycina  and 
serica.  The  former  they  suppose  to  be  produced  by  the  silk- 
worm, {bombyx),  the  latter  from  a  tree  in  the  country  of  the 
Seres  (sing.  Ser^  in  India-  But  most  writers  confound 
them-  It  seems  doubtful,  however,  ifsericiim  was  quite  the 
same  with  what  we  now  call  silk,  Flin.  xi.  22.  s.  25,  xxiv. 
12.  s.  66.  &c. 


The  Roman  Dress.  46S 

.Silk-worms  ibombyccs)  are  said  to  have  been  first  intro- 
duced at  Constantinople  by  two  monks  in  the  time  of  Jus- 
tinian, A.  D.  551.  Procop.  de  Bell.  Goth.  iv.  17.  The  Ro- 
mans were  long  ignorant  of  the  manner  in  which  silk  was 
made. 

Clothes  were  distinguished,  not  only  from  their  different 
texture  and  colour,  but  also  from  the  places  where  they 
were  manufactured  ;  thus  Festis  aurea^  aurata,  picta^  em- 
broidered with  gold  ;  purpnrea,  conchyliata^  Cie*  Phil.  ii. 
21-  ostro  vel  murice^  tincta,  pimicea,  Tyrea  vel  Sarrana, 
Sidoma^  Assyria.,  Phcenicia  ;  Spartana.,  Melihcea  ;  Getulot 
PxnavtX  Punica,  &c.  PURPLE,  dyed  widi  the  juice  of  a 
kind  of  shell-fish,  called  purpura  or  murex  ;  found  chief- 
ly at  Tyre  in  Asia,  in  Meninx^  -gis^  an  island  near  the  Syr-- 
tis  Minor i  and  on  the  Getulian  shore  of  the  Atlantic  ocean, 
in  Africa  ;  in  Laconica,  in  Europe,  Plin-  ix.  3^.  s-  60*  The 
most  valued  purple  resembled  the  colour  of  clotted  blood, 
of  a  blackish  shining  appearance  ;  whence  blood  is  called 
by  Homer,  purpureas,  Plin-  ix«  38«  s.  62.  Under  Augus- 
tus the  violet  colour  {violacea  purpura)  came  to  be  in  re- 
quest ;  then  the  red  {rubra  Tarentina)  and  the  Tyrian  twice 
dyed,  (Tyria  dibaphn.,  i-  e.  bis  tincta),  Plin.  ix-  39.  s-  63' 
Horat-  Od-ii.  16-  o^.  Vestis  coccinea,  vel  cocco  tincta,  scar- 
let, Martial,  v.  24.  also  put  for  purple,  Herat-  Sat  vi-  102' 
&  109.  Melitensis,  e  gossypio  vel  xylo,  cotton,  Cic.  Verr, 
ii-  72.  Plin.  xix.  1.  Coa,  i-  e.  Sericay^  bombycina.,  et  pur^ 
pura.,  fine  silk  and  purple  made  in  the  island  Cos  or  Coost 
Horat.  Od-  iv.  13.  13.  Sat.  i-  2.  101.  Tib.  ii.  4.  29.  Juvenal, 
viii.  101.  Phrygiana,  vc\  iona,  i.  e.  acti  contexta  et  aureis 
Jilis  decora.,  needle- work  or  embroidery,  Plin.  viii.  48.  jr. 
74.  Others  read  here  Phryxiana^  and  make  it  a  coarse 
shaggy  cloth ;  freeze,  opposed  to  rasa,  smoothed  without 
hairs  :  Virgata,  striped,  Firg.  ^^n.  viii-  660-  Scutulata ^ 
spotted  or  figured,  Juvenal,  ii.  97-  like  a  cobweb,  (aranea- 
rum  telaj,  which  Pliny  calls  rete  scutulatum,  xi.  24.  Gal.- 
bana  vel  -ina,  green  or  grass  coloured,  Juvenal  ibid,  (color 
herbarum)^  Martial-  v.  24.  worn  chiefly  by  wamen  :  hence 
Galbanatus,  a  man  so  dressed,  Id.  iii.  82-  5.  and  Galbani 
mores,  effeminate,  i.  97-  Amethysti?ia,  of  a  violet  or  wine 
<jolour,  Ibid.  &  ii.  57.  xiv.  154.  juvenul  vH-  V36.  prohibit* 


464  ROMAN  ANTIQUITIES, 

cd  by  Nero,  Suet,  32.  as  the  use  of  the  vestis  conchiiiata'u 
particular  kind  of  purple,  was  by  Caesar,  except  to  certain 
persons  and  ages,  and  on  certain  days,  Suet.  Jul-  43.  Croco- 
ta,  a  garment  of  a  safiron  colour,  fcrocei  colons )^  Cic. 
Kesp.  Har.  21.  Sindon,  fine  linen  from  Egypt  and  Tyre, 
Martial,  ii.  16  iv.  19.  12.  xi.  1.  Festis  atra  vel  pulla^ 
black  or  iron  gray,  used  in  mourning,  &c. 

In  private  and  public  mourning  the  Romans  laid  aside 
their  ornaments*  their  gold  and  purple,  Liv.  ix.  7  xxxiv  7. 
No  ornament  was  more  generally  worn  among  the  Ro- 
mans than  rings,  (ANNULI).  This  custom  seems  to 
have  been  borrowed  from  the  Sabines,  Ljv.  i.  11.  The 
.  senators  and  eguites  wore  golden  rings,  Liv  xxiii.  12. 
xxvi.  36.  also  the  legionary  tribunes,  Appian.  de  Bell.  Pu- 
Tiic.  63-  Anciently  none  but  the  senators  and  equites  were 
allowed  to  wear  gold  rings,  Dio.  xlviii^  45. 

The  plebeians  wore  iron  rings,  Stat.  Silv-  iii.  2.  144. 
unless  when  presented  with  a  golden  one  for  their  bravery  in 
war,  Cic.  Verr.  iii.  80.  or  for  any  other  desert,  Suet.  JuL 
39.  Cic.  Fam.  x.  31-  Macrob.  Sat.  ii.  10-  Under  the  em- 
perors the  right  of  wearing  a  golden  ring  was  more  liberally 
conferred,  and  often  for  frivolous  reasons,  Plin-  xxxiii.  1. 
&  2-  Suet.  Galb.  14.  Vitell.  12.  Tacit.  Hist.  iv.  3.  At  last 
it  was  granted  by  Justinian  to  ail  citizens,  Novell.  78. 
Some  were  so  finical  with  respect  to  this  piece  of  dress,  as  \ 
to  have  lighter  rings  for  summer,  and  heavier  for  winter, 
Juvenal,  i.  28.  hence  called  Semestres,  Id.  vii-  89. 
.  The  ancient  Romans  usually  wore  but  one  ring,  on  the 
left  hand,  on  the  finger  next  the  lenst ;  hence  call  d  digi- 
tus ANNULARIS,  Gell.  X.  10.  M-'crob.  vii,  13.  But  in  la- 
ter times  some  wore  several  rings,  Herat  Sat.  ii.  7.  9.  some 
one  on  each  finger.  Martial-  v.  62.  5.  or  more,  Id.  v-  11.  xi, 
69.  which  was  always  esteemed  a  mark  of  effeminacy- 
Rings  were  laid  aside  at  night,  and  when  they  bathed.^  I- 
hid.  Terent.  Heaut.  iv.  1.  42.  Ovid.  Amor.  ii.  15.  23.  also 
by  suppliants,  Z71;.  xliii.  16.  Val-  Max.  viii-  1-  3- and  in 
mourning,  Liv.  ix-  7.  Suet.  Aug.  101.  Isidor.  xix.  31. 

The  case  icapsulo)  where  rings  were  kept,  was  called 
Dactylotheca,  Martial,  xi-  60. 
Rings  were  set  with  precious  stones  {gemme)  of  various 


The  RoMAiJ  DkEss.  465 

kinds;  as  jasper,  (jaspis),  sardonyx,  adamant.  Sec  MartiaL 
11.  50.  V.  1 1-  on  which  were  engraved  the  images  of  some 
of  their  ancestors  or  friends,  or  a  prince  or  great  man,  Cic. 
CW-iii.  5.  Fin.  v.  1.  Ovid.  Trist.  i.  6.  5.  Plin.  Ep.  x.  16. 
Suet.  Tib.  58.  Senec.  de  hen.  iii.  26.  or  the  representation 
of  some  signal  event,  Suet.  Galb.  x.  or  the  like,  Plin. 
xxxvii.  1  Plant.  Curc.i\\.  50-  Thus  on  Pompey'sring 
were  engraved  three  trophies,  Dio.  xlii.  18.  as  emblems  of 
his  three  triumphs,  over  the  three  parts  of  the  world,  Eu- 
rope, Asia,  and  Afi-ica,  Cic  Sext.  61.  Pis,  13-  Balb  4.  ^ 
6.  Plin.  vii.  26.  On  Caesar's  ring,  an  armed  Venus,  Dio. 
xliii.  43.  on  that  of  Augustus,  first  a  sphynx,  afterwards  the 
image  of  Alexander  the  Great,  and  at  last  his  own,  which 
the  succeeding  emperors  continued  to  use,  Plin.  37.  1-  Su^ 
et.  Aug.  50.  A'o,  li.  3. 

Nonius,  a  senator,  is  said  to  have  been  proscribed  by  An- 
tony for  the  sake  of  a  gem  in  his  ring,  worth  20,000  sesterces, 
Plin,  xxxvi-  6  s-  21. 

Rings  'vere  used  chiefly  for  sealing  letters  and  papers,  (ac? 
tabulas  obstgnandas,  Annulus  sign atob. lus),  Macrob, 
Sat-  vii  13.  Liv-  xxvii.  28.  Tacit.  Annal-  ii.  2.  Martial,  ix. 
89-  also  cellars,  chests,  casks,  &c.  Plant  Cas-  ii.  1.  1.  Cic, 
Fani-  xvi.  26.  They  were  affixed  to  certain  signs  or  sym- 
b'-»is,  {symbola,  v.  -z,)  used  for  tokens,  like  what  we  call  Tal- 
lies^ or  Tally -sticks^  and  given  in  contracts  instead  of  a  bill 
or  bond,  Plant.  Bacch.  ii.  3-  29.  Pseud.  \.  1-  S3,  ii.  2.  53, 
iv.  7-  104-  or  for  any  sign,  Justin,  ii.  12.  Rings  used  also  to 
be  given  by  those  who  agreed  to  club  for  an  entertainment, 
{qui  coierunt.  ut  de  symbolis  essent.,  i.  e.  qui  communi  sumptu 
erant  una  ccenaturi)^  to  the  person  commissioned  to  bespeak 
it,  [qui  ei  rei  prefectus  est  J.,  Ter-  Eun.  iii.  4. 1.  Plant.  Stich. 
iii.  1.  28-  Ss?  34.  from  symhola^  a  shot  or  reckoning  ;  hence 
symbolam  dare.,  to  pay  his  reckoning,  Ter-  And.  v  1-  61» 
Asymbolus  ad  ccenam  venire,  vvithout  paying,  Id-  Phorm.  ii- 
2.  25.  GelL  vi.  13  The  Romans  anciently  called  a  ring  xs-^^ 
cuLus,  from  unguis,  a  naii ;  as  the  Greeks,  ^ciKrvxui^  from 
^rtxTt^Ao?,  a  finger :  afterwards  both  called  it  symbolus^  v.  -inn. 
Plin.  xxxiii.  1,  s.  4. 

When  a  person  at  the  point  of  death  delivered  his  ring  to 

3P 


466  ROMAN  ANTIQUITIES, 

any  one,  it  was  esteemed  a  mark  of  particular  affection,  Cwri?= 
X.  5.  Justin,  xii.  15.  Fal.  Max.  vii.  88. 

Rings  were  usually  pulled  off  from  the  fingers  of  persons 
dying,  Suet.  Tib'  83.  Cal.  12.  but  they  seem  to  have  been 
sometimes  put  on  again  before  the  dead  body  was  burnt. 
Prop.  iv.  7.  9. 

Rings  were  worn  by  women  as  well  as  men,  both  before 
and  after  marriage,  Horat.  Od.  i.  9.  23-  Terent.  Hec.  iv.  i. 
59.  V.  3.  30-  It  seems  any  free  woman  might  wear  a  golden 
one,  Plant.  Cas.  iii-  5.  62).  and  Isidorus  says,  all  free 
men,  xix.  32.  contrary  to  other  authors.  A  ring  used  to  be 
given  by  a  man  to  the  woman  he  was  about  to  marry,  as  a 
pledge  of  their  intended  union,  (Annulus  pronubus), 
Juvenal-  vi.  27-  a  plain  iron  one  (ferreus  sine  gemmaj  ac- 
cording to  Pliny,  xxxi.  1-  But  others  make  it  of  gold,  Ter- 
lull.  Apolog.  6.  Jsid.  xix.  32.  Those  who  triumphed  also 
wore  an  iron  ring,  Plin.  33.  i.  s.  4. 

The  ancient  Romans,  like  other  rude  nations,  suffered 
their  beards  to  grow,  Jiv.  v.  41-  (hence  called  barbati,  Cic. 
Mur.  12.  Gael.  14.  Fin-  iv.  23-  Juvenal,  iv.  103.  but  barba- 
tus  is  also  put  for  a  full  grown  man,  Horat.  Sat.  ii.  3.  249. 
Juvenal,  x.  56.  Martial,  viii-  52.)  till  about  the  year  of  the 
city  454,  one  P.  Ticinius  Msenas  or  Maena  brought  bar- 
bers from  Sicily,  and  first  introduced  the  custom  of  shaving 
at  Rome,  Plin.  vii.  59.  which  continued  to  the  time  of  Ha^ 
drian,  who,  to  cover  some  excrescences  on  his  chin,  revived 
the  custom  of  letting  the  beard  grow,  Spartian.  Adrian.  26, 
but  that  of  shaving  was  soon  after  resumed- 

The  Romans  usually  wore  their  hair  short,  and  dressed  it 
fcasariem^  crines,  capillos,  comam  vel  comas^  pectebant  vel 
comebant)^  with  great  care,  especially  in  later  ages,  when  at- 
tention to  this  part  of  dress  was  carried  to  the  greatest  ex- 
cess, Senec.  de  brev-  vitte,  12.  Ointments  and  perfumes 
were  used  even  in  the  army,  Suet.  Cas.  67- 

When  young  men  first  began  to  shave,  fcum  barba  resec- 
ta  est,  Ovid.  Trist.  iv.  10.  58.)  they  were  said  ponere  bar- 
bam.  Suet-  Cal.  10-  The  day  on  which  they  did  this  was 
held  as  a  festival,  and  presents  were  sent  tliem  by  their 
friends,  Juvenal,  iii.  187.  Martial,  iii.  6. 

The  beard  was  shaven  for  the  first  time  sooner  or  later  at 


The  Roman  Dress.  467 

pleasure :  sometimes  when  the  toga  virilis  was  assumed. 
Suet  Cal-  10.  but  usually  about  the  age  of  twenty-one,  Ma- 
crob.  in  Som-  Scip-  i.  6-  Augustus  did  not  shave  till  twenty- 
five,  D/Oy  xlviii.  34.  Hence  young  men  with  a  long  down 
Clamigo)  were  called  Juvcnes  barbatuli,  Cic.  Att.  i.  14.  or 
bene  barbati,  id-  Cat.  ii.  10. 

The  first  growth  of  the  beard  (prima  barba  vel  lanugo)  was 
consecrated  to  some  god,  Petron.  29-  thus  Nero  consecrated 
his  in  a  golden  box,  (^pixideaurea),  set  with  pearls,  to  Jupi- 
ter Capitolinus,*S'w<?^.A'*(?r.  12.  At  the  same  time  the  hair  of  the. 
head  was  cut  and  consecrated  also,  usually  to  Apollo,  Mar^ 
tial.  i.  32.  sometimes  to  Bacchus,  Stat-  Theb.  viii.  493. 
Till  then  they  wore  it  uncut,  either  loose,  Herat.  Od.  ii.  5, 
23.  iii.  20.  13.  iv.  10.  3.  or  bound  behind  in  a  knot,  (reno- 
dabant,  vel  nodo  religabant),  id.  Epod.  xi.  42.  Hence  they 
were  called  Capilati,  Petron.  27. 

Both  men  and  women  among  the  Greeks  and  Romans 
used  to  let  their  hair  grow  (pascere,  alere^  nutrire,  promifte- 
re  vel  submittere)  in  honour  of  some  divinity,  not  only  in 
youth,  but  afterwards,  Virg.  j^n.  vii.  391.  Stat.  Sylv.  iii. 
Praf-  et  carm.  4.  6.  Theb.  ii.  253.  vi.  607-  Censorin.  de  D. 
JV.  1.  Plutarch,  in.  Thes-  as  the  Nazarites  among  the  Jews, 
Numb.  vi.  5.     So  Paul,  Acts  xviii.  18. 

The  Britons  in  the  time  of  Caesar  shaved  the  rest  of  their 
body,  all  except  the  head  and  upper  lip,  Ca^s.  B.  C.  v-  10. 

In  grief  and  mourning  the  Romans  allowed  their  hair  and 
beard  to  grow,  ipromittebant  vel  submittebant},  Liv.  vi.  16. 
Suet.  Jul.  67.  Aug.  23.  Cal.  24.  or  let  it  flow  dishevelled, 
CsolvebantJ,  Liv.  i.  26.  Terent.  Heaut.  ii.  3.  45.  Virg.  JEn. 
iii.  65.  Ovid.  Fast.  ii.  813-  tore  it,  [lacerabant  vel  evellebant), 
Cic-  TusCi  iii.  26.  Curt.  x.  5«  or  covered  it  with  dust  and 
ashes,  Virg-  Mn.  xii.  609.  Catull-  xliv.  224.  The  Greeks, 
on  the  contrary,  in  grief  cut  their  hair  and  shaved  their  beard, 
Senec-  Benef-v-  6.  Plutarch,  in  Pelopid.  etAlexand.  as  like- 
wise did  some  barbarous  nations,  Suet.  Cal.  5.  It  was  reck- 
oned ignominious  among  the  Jews  to  shave  a  person's  beard, 
2  Sam.  X.  4.  Among  the  Catti,  a  nation  of  German}',  a 
young  man  was  not  allowed  to  shave  or  cut  his  hair,  till  he 
had  slain  an  enemy,  Tacit,  de  Mor.  Germ.  31.  So  Civilis^ 
inconsequence  of  a  vow,  id.  Hist-  iv,  61. 


468  ROMAN  ANTIQUITIES. 

Those  who  professed  philosophy  also  used  to  let  their  beard 
grow,  to  erive  them  an  air  of  gravity,  Horat.  Sat.  i.  3.  133. 
ii.  3-  2)5.  Art.  Poet.  297.  Hence  Barbatus  magister  for  So- 
crates, Pers.  iv.  1.  but  hber  barbatus^  i,  e.  villosus,  rough, 
Martial,  xiv.  84.  barbatus  vivit^  without  shaving,  id^  xi. 
85.  18. 

Augustus  used  sometimes  to  clip  {tondere  forfice)  his 
beard,  and  sometimes  to  shave  it,  {radere  novacula,  i-  e.  ra- 
dtndatn  curare  vtXfacere).,  Suet.  Aug  79.  So  Martial-  ii. 
17.  Some  used  to  pull  the  hairs  from  the  root,  fpilosveL 
/er^  J,  with  an  instrument  called  Vol  sell  a,  nippers  or 
small  pincers,  Plaut.  Cure.  iv.  4.  22.  Sudt.  Cas.  45.  not  on- 
ly of  the  face,  but  the  legs,  &c.  Id.  Jul.  45-  Aug.  68-  Galb. 
22.  0th.  12.  Martial  v.  62.  viii.  46-  ix.  28.  Quinctil  i.  6. 
V.  9.  viii  prooem-  or  to  burn  them  out  with  the  flame  of  nut- 
shells, {subur ere  mice  ardenti).,  Suet.  Aug.  68.  or  of  walnut- 
shells,  {udurere  candentibus  juglandium  putaminibus)  ;  as 
the  tyrant  Dionysius  did,  Cic-  Tusc  v.  20.  Off.  ii.  7.  or  v/ith 
a  certain  ointment  called  Psilothrum  velDROPAX,  Mar- 
tial, iii.  74.  vi.  9Z.  x.  Q5.  or  with  hot  pitch  or  rosin,  which 
Juvenal  calls  calidifascia  visci^  ix.  14.  for  this  purpose  cer- 
tain women  were  employed,  called  Us  TRIG  UL^,  TertulL 
de  pall.  4.  This  pulling  of  the  hairs,  however,  was  always 
reckoned  a  mark  of  great  effeminacy,  Gell.  vii.  12.  Cic. 
Ros.  Com.  7.  Plin.  Ep.  29.  1.  *.  8.  except  from  the  arm- 
pits, {oU  vel  axill'eJy  Horat.  Epod.  xii.  5.  Senec.  Ep.  114. 
Juvenal,  xi.  157-  as  likewise  to  use  a  mirror  when  shaving, 
Juvenal,  ii.  99-  Martial-  vi-  64   4. 

Tlie  Romans  under  the  emperors  began  to  use  a  kind  of 
peruke  or  periwig,  to  cover  or  supply  the  want  of  hair,  call- 
ed CAPILLAMENTUM,  Suet.  Cai  11-  or  Galerus. 
Juvenal,  vi.  120- or  Gal  eric  ulum,  Suet.  0th.  12.  The 
false  hair  (crines  fictiy  vel  suppositt)  stems  to  have  been  fix> 
ed  on  a  skin.  Martial,  xiv.  50.  This  contrivance  does  not 
appear  to  have  been  known  in  the  time  of  Julius  Cassar,  Su- 
et. Jul.  45.  at  least  not  used  by  men ;  for  it  was  used  by  wo- 
men, Ovid  Amor-  i-  14.  45. 

In  great  families  there  were  slaves  for  dressing  the  hair 
and  for  shaving,  (TONSORES),  Ovid.  Met.  xi.  182.  Mar- 
tiaL  vi-  52.  and  for  cutting  the  nails,  Plaut'  AuL  ii-  4.  QiZ- 


Roman  Entertainments,  ^c.  460 

Tibull.  i.  8.  11.  Val.  Max  iii- 2.  15.  sometimes  female 
slaves  did  this,  (Ton s trig es),  Cic.  Tusc-\.20.  Plant- 
True-  iv.  3.  59. 

Tliere  were  for  poorer  people  public  barbers'  shops  or 
shades  (TONSTRINi^J,  much  frequented,  Ter.  Phorm. 
1.  2-  39.  Ilorat'  Ep-  i-  7-  50.  where  females  also  used  to  of- 
ficiate, Martial'  ii.  17- 

Slaves  were  dressed  nearly  in  the  same  manner  with  the 
poor  people,  (Seep.  452.  in  clothes  of  a  darkish  colour 
{pullatij,  and  slippers,  Ccrepidati)  ;  hence  vestis  servilis, 
Cic.  Pis-  38.  Servilis  habitus^  Tacit-  Hist.  iv.  ^6. 

Slaves  in  white  are  mentioned  with  dis'.;pprobation.  Plant, 
Casiti'  ii.  sc.  ult.  Snet.  Dom,  12.  They  wore  either  a  strait 
tunic  called  Exomis  orriPHTHERA,  Gell.  vii*  12.  He^ 
sych.  16.  or  a  coarse  frock  (lacerna  et  cucullus),  Horat.  Sat. 
ii-  7-  54.  Juvenal,  iii.  170-  Martial-  x.  76. 

It  was  once  proposed  in  the  senate,  that  slaves  should  be 
distinguished  from  citi.-^ens  by  their  dress  ;  but  it  appeared 
dangerous  to  discover  their  number,  Senec-  de  clem,  i-  24, 
Epist.  18. 

Slaves  wore  their  beard  and  hair  long.  When  manumit- 
ted they  shaved  their  head,  and  put  on  a  cap,  (pileus),  Juve- 
nal, v.  171.  Plant.  Amphit.  i.  1.  306.  See  p  45. 

In  like  manner,  those  who  had  escaped  from  shipwreck 
shaved  their  head.  Plant-  Pud.  v.  2.  16.  Juvenal-  xii.  81. 
Lucian  in  Ermotim.  In  calm  weather  mariners  neither  cut 
their  hair  nor  nails,  Petron.  104.  So  those  accused  of  a  ca- 
pital crime,  when  acquitted,  cut  their  hair  and  shaved,  and 
went  to  the  Capitol  to  return  thanks  to  Jupiter,  Martial.  \u 
74.  Plin.  Ep.  7.  27. 

The  ancients  regarded  so  much  the  cutting  of  the  hair, 
that  they  believed  no  one  died,  till  Proserpina^  either  in  per- 
son or  by  the  ministration  o^Atropos^  cut  off  a  hair  from  the 
head,  which  was  considered  as  a  kind  of  first  fruits  of  con- 
secration to  Pluto,  Virg.  Mw  iv.  698.  Hor-  Od-  i.  28.  20. 

II.  ROMAN  ENTERTAINMENTS,  EXERCI- 
SES, BATHS,  PRIVATE  GAMES,  &c. 

npHE  principal  meal  of  the  Romans  was  what  they  called 
-■-  CCENA,  supper  ;  supposed  by  some  to  have  been  an- 
ciently their  only  one,  Isidor'  xx.  2. 


470  ROMAN  ANTIQUITIES. 

The  usual  time  for  the  coena  was  the  ninth  hour,  or  three 
o'clock  afternoon  in  summer,  Cic.  Fam.  ix.  26.  Martial. 
iv.  8.  6.  and  the  tenth  hour  in  winter,  Auct.  ad.  Herenn-  iv. 
51.  Plin.  Ep-  iii.  1.  It  was  esteemed  luxurious  to  sup  more 
^dxXyy  Juvenal,  i.  49.  Plin.  Pan.  49- 

An  entertainment  begun  before  the  usual  time,  and  pro- 
longed till  late  at  night,  was  called  CONVIVIUM  IN» 
TEMPESTIVUM  ;  if  prolonged  till  near  morning,  Coe- 
NA  ANTELUCANA,  Cic.  Cat.  u.  10.  CiC'  Arc/i-  6.  Mur.  6" 
Verr.  iii.  25  Sen.  14.  Att.  ix.  1.  Senec.  de  ira,  ii.  28.  Suet. 
Cal.  45.  Such  as  feasted  in  this  manner,  were  said  epulari 
vel  vivere  de  die,  Liv.  xxv.  23.  Cat.  47-  6-  Suet- J\''er' 
27.  Curt-  V.  22.  and  in  Diem  vivere,  when  they  had  no 
thought  of  futurity,  Cic.  Phil.  ii.  34.  Tusc.  v.  11.  Orat.  ii. 
40.  Plin.  Ep.  V.  5.  a  thing  which  was  subject  to  the  ani- 
m  adversion  of  the  censors. 

About  mid-day  the  Romans  took  another  meal,  called 
PRANDIUM,  dinner,  which  anciently  used  to  be  called 
CCENA,  {.Mivn,  \,  e.  cibus  communis^  a  pluribus  su?nptus^ 
Plutarch.  Sympos.  viii-  9.  Isid.  xx.  2-  quo  Plinius  alludere 
videtur^  Ep  ii-  60  because  taken  in  company  ;  and  food  ta- 
ken in  the  evening,  {cibus  vesper tinus)^  Vesperna  ;  Fes- 
tus  in  coENA.  But  when  the  Romans,  upon  the  increase 
of  riches,  began  to  devote  longer  time  to  the  coena  or  com- 
mon meal,  that  it  might  not  interfere  with  business,  it  was 
deferred  till  the  evening  ;  and  food  taken  at  mid- day  was 
called  Prandium. 

At  the  hour  of  dinner  the  people  used  to  be  dismissed 
from  the  spectacles.  Suet.  Claud.  34-  Cal-  56-  58. ;  which 
custom  first  began  A-  U.  693.  Dio-  xxxvii.  46. 

They  took  only  a  little  light  food  (cibum  levem  etfacilent 
sumebant,  v.  gustabant),  Plin.  Ep-  iii.  4.  for  dinner,  with- 
out any  formal  preparation,  Cels.  i-  3.  Horat.  Sat.  \.  6- 
127.  ii.  4.  22-  Senec.  Epist.  34.  Martial,  xiii-  30.  but  not 
always  so,  Plaut.  Pcen.  iii.  5.  14-  Cic.  Verr.  i.  19.  Horat, 
Sat.  ii.  8.  245.  Suet.  Claud-  S3.  Domit.  21 

Sometimes  the  emperors  gave  public  dinners  to  the  whole 
Roman  people.  Suet.  Jul.  38.  Tib.  20. 

A  dinner  was  called  Prandium  caninum  vel  abstemi- 
um,  at  which  no  wine  was  drunk,  Cguod  canis  vino  caret) y 
Gell.  xiii.  29- 


Roman  Entertainments,  ^c  47l 

In  the  army,  food  taken  at  any  time  was  called  PRAN- 
DIUM,  Liv.  xxviii.  14.  and  the  army  after  it,  Pransus 

PAR  AT  us,  Ge/l.    XV-   12. 

Besides  tlie  prandium  and  ccena,  it  became  customary  to 
take  in  the  morning  a  breakfast,  (JENTACULUiM),  P/a^^^ 
Cure.  i.  1.  72.  Suet.  Fitdl.  13.  Martial,  xiii.  31.  xiv.  223. 
and  something  delicious  after  supper  to  eat  with  their  drink, 
called  COMISSATIO,  Suet.  Vitell  13.  Bomit,  21. 
They  used  sometimes  to  sup  in  one  place,  and  take  this  ' 
after-repast  in  another,  ibid.  Liv.  xl.  7.  9.  Plant-  Most.  i.  4. 
5. 

As  the  entertainment  after  supper  was  often  continued  till 
late  at  night,  Suet.  Tit.  7.  hence  Comissari,  to  feast  lux- 
uriously, to  revel,  to  riot,  {%a(4.»^eivj  a,  xay^yiy  vicus,  Fcstus,  vel 
potiusa  J^6>H-oi  Comus,  the  god  of  nocturnal  merriment  and 
feasting  among  the  Greeks,)  Uor.  Od.  iv.  1-  9.  Quinct-  xi. 
3.  57-  COMISSx\TIO,  a  feast  of  that  kind,  revelling  or 
rioting  after  supper,  Cic-  Cat-  ii.  5- Mur.  6.  Ccel.  15.  Mar- 
tial, xii-  48.  11.  Comissator,  a  person  who  indulged  in. 
such  feasting,  a  companion  or  associate  in  feasting  and  re- 
velling, Ter.  Adelph.  v.  2.  8-  Liv.  xl.  7.  Martial,  iv.  5. 
3.  ix.  62.  15.  Petron.  65.  Gell.  iv*  14.  Hence  Cicero 
calls  the  favourers  of  the  conspiracy  of  Catiline,  after  it 
was  suppressed,  Comissatores  conjurationis,  ./i«.  i. 
16. 

Some  took  food  between  dinner  and  supper,  called  ME^ 
REND  A,  (.qiiiavulgo  dab  at  ur  Us.,  qui  sere  merebant,  i.e. 
mercenariis,  antequam  labore  mitterentur  ;  a  domino  seu 
conductore),  Plaut.  Most.  iv.  2.  50.  or  Antecoena,  vel 
-ium.,  Isidor.  xx  22. 

The  ancient  Romans  lived  on  the  simplest  fare,  chiefly  on 
pottage,  (puis),  or  bread  and  pot-herbs :  (hence  every 
thing  eaten  with  bread  or  besides  bread,  was  afterwards 
called  PULMENTUM  orPuLMENXARiuM,  o^a'c^av,  opso- 
nium,  called  in  Scotland,  KitchenJ ^  Plin.  xviii*  8.  VaiTo  de 
Lat.  Ling.  iv.  22.  Horat.  Sat.  ii.  2.  20.  Ep.  i.  18.  48.  Se^ 
nee.  Ep.  87.  Phsedr.  iii.  7.  23.  Juvenal,  vii.  185.  xiv.  171. 
Unita  pulmentariay  i.  e.  lauta  et  delicataferculay  nice  deli- 
cate dishes,  Pers.  iii.  102.)  Their  chief  magistrates,  and 
most  illustrious  generals,  when  out  of  office,  cultivated  the 


472  ROMAN  ANTIQUITIES. 

ground  with  their  own  hands,  sat  down  at  the  same  board, 
and  partook  of  the  same  food  with  their  servants;  as  Cato 
the  Censor,  Plutarch-  They  sometimes  even  dressed  their 
dinner  themselves,  as  CURIUS,  Plin-  xix.  5.  s.  26.  Juve- 
nal- xi.  79.  or  had  it  brought  them  to  the  field  by  their 
wives,  Martial,  vi.  64- 

But  when  riches  were  introduced  by  the  extension  ^of 
conquest,  the  manners  of  the  people  were  changed  ;  luxury 
seized  all  ranks,  S<evior  armis  luxuria  incubuit,  victumque 
tilciscitur  orbem^  Juvenal,  vi.  291.  The  pleasures  of  the  ta- 
ble became  the  chief  object  of  attention.  Every  thing  was 
ransacked  to  gratify  the  appetite,  (vescendi  causa  terra  marL 
que  omnia  exquirere,  Sec.  Sail.  Cat.  13.  Gustus^  i-  e.  dapes 
deiicatas,  dainties,  elementa  per  omnia  quxrunt^  Juvenal. 
%i.  14). 

The  Romans  at  first  sat  at  meals,  Ovid.  Fast.  vi.  305. 
Serv.  in  Virg.  Mn,  vii.  176.  as  did  also  the  Greeks.  Ho- 
mer's heroes  sat  on  separate  seats  (Gi^ovoi,  solia)^  around  the 
wall,  with  a  small  table  before  each,  on  which  the  meat  and 
drink  were  set,  Odyss.  i'  iii.  &c.  vii.  &  viii.  So  the  Germans, 
Tacit.  22.  and  Spaniards,  Strab.  ii.  p.  155. 

The  custom  of  reclining  iaccumbendi)  on  couches,  (LEC- 
TI  vel  Tori),  was  introduced  from  the  nations  of  the  east ; 
at  first  adopted  only  by  the  men,  Fal.  Max.  ii.  1.  2.  but  af- 
terwards allowed  also  to  the  women.  It  was  used  in  Africa 
in  the  time  of  Scipio  Africanus  the  elder,  Liv.  xxviii.  28. 

The  images  of  the  gods  used  to  be  placed  in  this  posture 
in  a  Lecttsternium  ;  that  of  Jupiter  reclining  on  a  couch,  and 
those  of  Juno  and  Minerva  erect  on  seats,  Fal.  Max.  ii.  1. 
2. 

Boys  and  young  men  below  seventeen,  sat  at  the  foot  of 
the  couch  of  their  parents  or  friends,  {in  imo  lecto  vel  subsel- 
lioy  vel  adlecti  fulcra  assidebant)^  Suet.  Aug.  64.  at  a  more 
frugal  table,  (.propria  et  parciore  mensa).  Tacit.  Ann.  xiii. 
16-  sometimes  also  girls.  Suet.  Claud.  32-  and  persons  of 
low  rank,  Flaut.  Stich.  iii-  2-  32.  v.  4.  21.  Donat.  in  Fit. 
Terent. 

The  custom  of  reclining  took  place  only  at  supper.  There 
was  no  formality  at  other  meals.  Persons  took  them  alone 
or  in  company,  cither  standing  or  sitting,  Suet.  Aug.  78» 


Roman  Entertainments,  ^c-  475 

The  place  where  they  supped  was  anciently  called  CCtl- 
NACULUM,  in  tlic  higher  part  of  the  hr)use,  P''arro  de 
TjQt.  Ling.  iv.  33.  whence  the  whole  upper  part,  or  highest 
story  of  a  house,  was  called  by  that  name,  Liv-  xxxix.  40. 
Suet,  Fit.  7.  afterwards  CG^NATIO,  Suet.  AVr.  31.  Ju- 
venal vii.  183.  or  TRICLINIUM,  Cic.  Att.  52.  Suet-  C^s- 
43-  yVr  72.  because  three  couches  (rpeTi  kXivxi,  tres  lectin  tri- 
cimares  vel  discuhiforiiJ  were  spread  (sterneba?itur)  around 
the  table,  on  which  the  guests  might  recline,  Serv.  in  Virg. 
.Fm.  i.  698. 

On  each  couch  there  were  commonly  three.  They  lay 
with  the  upper  part  of  tlic  body  reclined  on  the  left  arm,  the 
head  a  little  raised,  the  back  supported  by  cushions  ipi'dvim, 
V.  -illi),  and  the  limbs  stretched  out  at  full  length,  or  a  little 
bent ;  the  feet  of  the  first  behind  the  back  of  the  second,  and 
his  feet  behind  the  back  of  the  third,  with  a  pillow  between 
each.  The  head  of  the  second  was  opposite  to  the  breast  of 
the  first,  so  that,  if  he  wanted  to  speak  to  him,  especially  if 
the  thing  was  to  be  secret,  he  was  obliged  to  lean  upon  his 
bosom,  iin  sinu  recumhcrey  Plin-  Ep.  iv.  22)  thus,  Johi 
xiii.  23.  In  conversation,  those  who  spoke  raised  themselves, 
almost  upright,  supported  by  cushions.  When  they  ate, 
they  raised  themselves  on  their  elbow,  Horat.  Od>  i.  27.  8. 
Sat.  4.  ii.  39.  and  made  use  of  the  right  hand,  sometimes  of 
both  hands  ;  for  we  do  not  read  of  their  using  either  knives 
or  forks  :  hence  Mamis  unctd\  Hor.  Ep.  i.  16.  23. 

He  who  reclined  at  the  top,  (ad  caput  lecti),  was  called 
SUMMUS  \t\  primus,  the  highest ;  at  the  foot,  IMUS  vel 
ultimus,  tlie  lowest ;  between  them,  MEDIUS,  which  was 
esteemed  the  most  honourable  place,  Virg.  id.  Horat.  Sat- 
ii.  8.  20- 

If  a  consul  was  present  at  a  feast,  his  place  was  the  lowest 
on  the  middle  couch,  which  was  hence  called  Locus  Con- 
sul a  r  is.  because  there  he  could  most  conveniently  receive 
any  messages  that  were  sent  to  him^  Plutarch,  Sympos.  ii.  3. 
The  master  of  the  feast  reclined  at  the  top  of  the  lowest 
couch,  next  to  tlic  consul. 

Sometimes  in  one  couch  there  w"ere  only  two,  sometimes 
four,  Horat-  Sat-  i.  4,  86.  It  was  reckoned  sordid  to  have 
more.  dr.  Pis.  27, 

3Q 


474  ROMAN  ANTIQUITIES. 

Sometimes  there  were  only  t^vo  couches  in  a  room  ;  hence 
called  BICLINIUM,  Qiiinctii.  i.  5.  PlauL  Bacch.  iv.  4. 
69.  &102. 

The  number  of  couches  depended  on  that  of  the  guests, 
which  Varro  said  ought  not  to  be  below  the  number  of  the 
Graces,  nor  above  that  of  the  Muses,  Getl.  xiii«  11.  So  in 
the  lime  of  Plautus,  the  number  of  those  who  reclined  on 
couches  did  not  exceed  nine,  Stick-  iii*  2-  31'  iv.  2.  12.  Tlie 
persons  whom  those  who  were  invited  had  liberty  to  bring 
with  them,  were  called  UMBR/E,  uninvited  guests,  Hof' 
Sat'  ii.  8.  22.  Ep^  i.  v-  28- 

The  bedsteads  (SroNDiE)  and  feet  (Fulcra  vel  pedes) 
were  made  of  wood,  Ovid.  Met-  viii.  656.  sometimes  of 
silver  or  gold,  Suet.  Jul.  49  .or  adorned  with  plates,  {bracte(ss 
vel  lamince),  of  silver,  Suet.  Cal.  22.  Martial,  viii.  35.  5' 
On  the  couch  was  laid  a  matress  or  quilt,  (Culc  it  a,  Juve- 
■nal.  V.  17.  Plin.  xix.  1.  vel  matt  a,  Ovid.  Fast.  vi.  680.) 
.stuffed  with  feathers  or  wool,  Cic.  Tusc.  iii.  19.  anciently 
with  hay  or  chaff,  (f.xno  velccereaut  paleaJy  Varro  deLat- 
ling.  iv.  ^5.  All  kinds  of  stuffing  iomma  farcimind)  were- 
called  TOMENTUM,  quasi  tondimenttim^  Suet.  Tib.  54. 
Martial,  xi.22.  xiv.  150. 

A  couch  with  coarse  stuffing,)  concisa  palus,  i.  e.  arundt- 
ties  palustres),  a  pallet,  was  called  Tomentum  CIRCEN- 
SE,  because  such  were  used  in  the  circus;  opposed  to 
Tomentuml^i-^ GomcvM^  v.  Leuconicum,  J/ar^za/-xiv. 
160.  Seji.  de  Vit.  Beat.  25. 

At  first  couches  seem  to  have  been  covered  with  herbs  or 
leaves,  Ovid.  Fast,  i-  200.  &  205.  hence  LECTUS,  a 
couch,  quod  her  bis  etfrondibus  lectis  incubabant)^  Varro  de 
Lat.  Ling.  iv.  35.  t;^/ TORUS,  iquiaveteres  super  her  bam 
tortam  discumbebanty  Id-  et  Serv.  in  Virg-  iEn.  i.  708.  v. 
388.  vel^ut  alii  dicunt,  quod lectus ionSj  i«  t.funibus  tende- 
retur.,  Horat.  Epod.  xii-  12)  or  with  straw,  {stramen  vel 
stratnentum),  Plin.  viii- 48.  Horat  Sat.  ii.  3.  117. 

The  cloth  or  ticking  which  covered  the  matress  or  couch, 
the  bed-covering  {operimentum  vel  involiicrum)^  was  called 
TORAL,  Ilurat.  Sat.  ii.  4.  84.  Ep.  i.  5.  22.  by  later  wri.. 
ters,  Torale Linteuniy  or  Segestre,v.  -trum^  -trium,  Var- 
ro, ibid,  ;  or  Lodix,  which  is  also  put  for  a  sheet  or  blank- 


Roman  Entertainments*  ts'c.  47.') 

ot,  Juvenal,  vi  194.  vii.  66.  Martial,  xiv-  148.  152.  Lndi 
t'ula,  a  small  blanket  or  flannel  coverlet  for  the  body,  Suet, 
Aug.  83. 

On  solemn  occasions,  the  couches  were  covered  with  su- 
perb cloth,  with  purple  and  embroidery,  (Stragula  ves- 
Tis),  Cic.  Ferr.  ii.  19.  JJv.  xxxiv.  7.  Horat.  Sat.  ii.  2.3. 
118.  picta  strnifiUa,  Tibull.  i.  2.  79.  Textile  stragulum, 
an  embroidered  coverlet,  with  a  beautiful  matrcss  below, 
(pulcherrimo  strata  J,  Cic.  Tusc.  v.  21.  but  some  read  here 
pulcherrime  ;  <\9,,  Lectus  str.xX.wi  eonchyliato  peristromate, 
bespread  with  a  purple  covering,  Cic.  Phil.  ii.  27.  also  At- 
TALic  A  peripetasmata^  Cic.  Ver.  iv.  12,  much  the  same 
with  what  Virgil  calls  superba  auUa.,  fine  tapestry,  JEn.  i. 
697.  said  to  have  been  first  invented  at  the  court  {in  aula^ 
liinc  aulea),  of  Attains,  king  of  Pergamus,  Plm.  viii.  48* 
Bab'/lonica  perrstromafa  consutaque  tapetia.,  wrought  witb. 
needle-work.  Plant.  Stick,  ii.  2.  54. 

Hangings  (aiilcea)  used  likewise  to  be  suspended  from 
t>ie  top  of  the  room  to  receive  the  dust,  Horat.  Sat.  ii.  8- 
54.  Serv.  in  Firg.  Mn.  i.  697. 

Under  the  emperors,  instead  of  three  couches  vv'^as  intro- 
duced the  use  of  one  of  a  semicircular  form,  thus  C  ;  calL 
ed  SIGMA  from  the  Greek  letter  of  that  name,  which  usu- 
ally contained  seven.  Martial,  ix.  48.  sometimes  eighty 
called  also  STIBADIUM,  Id-  xiv.  87-  But  in  later  ages 
the  custom  was  introduced,  which  still  prevails  in  the  East, 
of  sitting  or  reclining  on  the  fl'^or  at  meat,  and  at  other  times, 
on  cushions,  Accubita,  Scholiast,  in  Juvenal  v.  17  Imiti- 
prid.  Heliog.  19.  &c  25.  covered  with  cloths,  Accubita. 
1,1  A,  Treb.  Pollio  in  Claud.  14- 

The  tables  (MENS^^)  of  the  Romans  were  anciently 
square,  and  called  Cibill^,  Farro  de  I^at.  Ling-'w.  25. 
Festus  ;  on  three  sides  of  which  were  placed  three  couches, 
the  fourth  side  was  left  empty  for  the  slaves  to  bring  in 
and  out  the  dishes-  When  the  semicircular  couch  or  the 
sigma  came  to  be  used,  tables  were  made  round,  Juvenal,  h 
137. 

The  tables  of  the  great  were  usually  made  of  citron  or 
maple  wood,  and  adorned  with  ivory,  Cic.   Ferr.  iv     ^'^ 
Martial,  xiv.  89.  &  90.  ii.  43-  Plin,  xiii- 15.  s.  29 


476  KOMAN  ANTIQUITIES. 

The  tables  were  sometimes  brought  m  and  out  with  the 
dishes  on  them;  hence,  Mensam  atponere,  Plant.  Asin. 
V.  1.  2.  Id.  Most,  i-  3.  150.  iii.  1.  26.  Cic  Att.  xiv.  21. 
Ovid.  Met.  viii-  570.  et  auferre.  Plant.  Amph,  ii.  2. 
175.  •!:><?/ RE  MOVE  RE,  Virg.  Mn.  i.  220.  &.  627.  but  some 
here  take  menses  for  the  dishes.  Sometimes  the  dishes 
were  set  down  on  the  table  ;  hence  cihwn  lances.,  patinas, 
vel  cosna?n  mensis  apponere,  Virg.  j^n.  iv.  602.  Cic. 
Tusc.  V.  32.  Ver.  iv.  22-  Att.  vi.  1.  Epulis  mensas  onerare, 
Vir.  G.  iv.  388.  demere  i^c/tollere,  Plant.  Mil,  iii.  1- 
155.  &c. 

Mens  A  is  sometimes  put  for  the  meat  or  dishes,  Qanx^ 
patina.,  patel.,a  vel  discus)  ;  hence  Pr  i  m  a  m  e  n  s  a  ,  for  pri- 
ma fercula.,  the  first  course,  the  meat,  Macrob.  Sat.  vii-  1, 
Secunda  mensa,  the  second  course,  the  fruits,  &c.  bella- 
ria,  or  the  dessert,  Cic-  Att-  xiv*  6.  Pam.  xvi.  21-.  Firg.  G- 
ii.  101*  Nep.  Ages.  8-  Mittere  de  mensa.,  to  send  some  dish, 
or  part  of  a  dish  to  a  person  absent,  Cic.  Att.  v- 1-  Dapes 
see  brevis,  a  short  meal,  a  frugal  table,  Zforaf'.  Art.  p.  198. 
mensa  opima,  Sil.  xi.  283. 

Virgil  uses  menses  for  the  cak^s  of  wheaten  bread  i.adorea 
liboy  vel  cereale  solum-  SOLUM  omne  dicitur,  quod aliquid 
sustinet,  Serv.  in  Virg.  Eel.  vi.  :^5-  iEn-  v.  199.  Ovid-  Met. 
i.  73.)  put  under  the  meat,  which  he  calls  orbes.,  because  of 
their  circular  figure,  and  quadra:,  because  each  cake  was  di- 
vided into  four  parts,  quarters,  or  quadrants,  by  two  straight 
lines  drawn  through  the  centre,  Firg.  jEn.  vii.  116.  Hence 
alienavivere  quadra .,?A  another's  expence  or  t^bX^^  Juvenal. 
V.  2.  findetur  quadra,  i.  q.  frustum  pa«?.s,the  piece  of  bread, 
Horat'  Pp.  i.  17.  49.  So  quadree  placentee  vel  casei,  Martial. 
vi.  75-  xii.  32.  18. 

A  table  with  one  foot  was  called  Monopodium.  These 
were  of  a  circular  figure,  {orbes),  used  chiefly  by  the  rich, 
and  commonly  adorned  with  ivory  and  sculpture,  Juvenal. 
i.  138.  xi.  123. 

A  side-board  was  called  ABACUS,  Liv.  xxxix.  6.  Cic- 
Verr.  iv.  16.  25.  Tusc.  v.  21.  or  Delphic  a,  sc.  mensa. 
Vet.  Schol.  in  Juvenal,  iii.  204.  Martial,  xii.  67.  Cic.  Verr. 
iv.  59.  Lapis  aljbus,  i«  c.  mensa  marmoreal  Horat-  Sat-  i. 
6.  116, 


Rom  AW  Entertainmentg,  cift?.  477 

The  table  of  the  poorer  people  commonly  had  three  feet, 
(Tripes),  Horat.  Sat.  i.  3-  13.  Ovid.  Met-  viii.  661.  and 
soiiietimes  one  of  these  shorter  than  the  other  two,  Ovid. 
Alet.  viii-  661.  Hence  iTKequales  mexs/E,  Jlfartia/.  i.  56. 
11. 

The  ancient  Romans  did  not  use  table-cloths,  {mantilia)^ 
but  wiped  the  table  with  a  sponge,  Alartial-  xiv.  44.  or  widi 
a  coarse  clotli,  (.gausape),  Horat.  Sat.  ii.  8.  11- 

Before  the  guests  began  to  cat,  they  always  washed  their 
hands,  and  a  towel  (Ma>;^tile,  v.  -tele,  -telle^  -iim^  v.  -ium)^ 
was  furnished  them  in  the  house  where  they  supped,  to  dry 
them,  Virg.  JSn.  i.  702.  G.  iv.  377.  But  each  guest  seems 
to  have  brought  with  him  from  home  the  table-napkin 
(MAPPA)  or  cloth,  which  he  used  in  time  of  eating  to  wipe 
his  mouth  and  hands,  Martial,  xii.  29.  Horat.  ii.  8-  ^'^,  but 
not  always,  Hor.  Ep.  i.  5-  22.  The  mappa  was  sometimes 
adorned  widi  a  purple  fringe,  (latoclavoj^  Mart.  iv.  46- 17. 

The  guests  used  sometimes,  with  the  permission  of  the 
master  of  the  feast,  to  put  some  part  of  the  entertainment  in- 
to  the  mappa^  and  give  it  to  their  slaves  to  carry  home,  Mart, 
ii.  32. 

Table-cloths  ( linteavillosa^  gausapa  vel  mantilia') y  began 
to  be  used  under  the  emperors,  J/ar^zc/.  xiv.  138.  xii.  29. 12. 

In  later  times  the  Romans  before  supper  used  always  to 
bathe.  Plant.  Stich.\.2. 1 9.  The  weakhy  had  baths,  (BAL- 
NEUM, vel  Balineiim,  plur,  -ne/e,  vel  -c),  both  cold  and 
hot,  at  their  own  houses,  Cic.  de  Orat.  ii.  55.  There  were 
public  baths  (Balnea)  for  die  use  of  die  citizens  at  large, 
Cic.  Coel.  26.  Horat-  Ep.  i.  1.  92.  where  there  were  separate 
apartments  for  the  men  and  women  {balnea  virilia  et  muliC' 
hria),  Varrode  Lat.  Ling,  viii-  42.  Vitruv.  v.  10.  Gell.  x.  3. 
Each  paid  to  the  bath-keeper  {balneator)  a  small  coin,  {qua- 
drans)y  Horat.  Sat.  i.  3-  137.  Juvenal,  vi.  446.  Hence  res 
quadrantariay  for  balneum^  Senec.  Epist.  86.  Quadrantaria; 
permutatio,  i.  e.  pro  quadi'ante  copiam  suifecit^  Cic.  CceL 
26.  So  quadrantaria  is  put  for  a  mean  harlot,  Quinctil.  viii. 
6«  Those  under  age  paid  nothing,  Juvenal,  vi.  446- 

The  usual  time  of  iDathing  was  two  o'clock  (octava  hora) 
in  summer,  and  three  in  winter,  Plin.  Ep.  iii.  1.  Martial'  x* 
48.  on  festival  days  sooner,  Juvenal,  xi.  205. 


478  ROMAN  ANTIQUITIES. 

The  Romans  before  bathing  took  various  kinds  of  exei- 
cise,  {exercitationes  campestres,  post  decisa  negotia  campOy 
sc.  Martio,  Hor.  Ep.  i.  1.  59.)  as  the  ball  or  tennis,  (PILA), 
Herat.  Sat.  i,  5.  48.  throwing  the  javelin  and  the  discus  or 
quoit,  a  round  bullet  of  stone,  iron,  or  lead,  with  a  thong 
tied  to  it,  Horat.  Od.  i-  8.  II.  the  PALUS,  or  Palaria, 
Juvenal,  vi.  246.  (See  p.  406.)  riding,  running,  leaping,  &:c. 
Suet.  Aug.  83-  Martial,  vii.  31. 

There  were  chiefly  four  kinds  of  balls  ; — 1.  PILA  tri- 
GO  N  A  LIS  vel  TRICON,  so  Called,  because  those  who  played 
at  it  were  placed  in  a  triangle,  (;Tfiyavov)^  and  tossed  it  from 
one  another,  he  who  first  let  it  come  to  the  ground  was  the 
loser. — 2.  FOLLIS  vel  folliculus,  inflated  with  wind  like 
our  foot-ball,  which  if  large  they  drove  with  the  arms,  and 
simply  called  Pila,  Prop.  iii.  12.  5.  or  Pila  velox,  Ho- 
rat.  Sat.  ii.  2-  11.  if  smaller,  with  the  hand,  armed  with  a 
kind  of  guantlet ;  hence  called  Follis  pugillatorius, 
Plaut-  Bud.  iii.  4.  16.  Martial,  xiv.  47 — 3.  PILA  PA. 
GANICA,  the  village-ball,  stuffed  with  feathers  ;  less  than 
the  follis,  but  more  weighty,  Martial,  xiv.  45 — 4.  HAR- 
PASTUM,  {ab  a.^'!fa^<»,  rapio),  the  smallest  of  all,  which 
they  snatched  from  one  another,  Martial-  iv'  19-  vii.  3L 
Suet-  Aug'  83. 

Those  who  played  at  the  ball  were  said  ludere  raptim,  vel 
pilam  revocare  cadentetn,  when  they  struck  it  rebounding 
from  the  ground ;  when  a  number  played  together  in  a  ring, 
and  the  person  who  had  the  ball  seemed  to  aim  at  one,  but 
struck  another,  ludere  datatim,  vel  non  sperato  fugientem 
reddere  gestu  ;  when  they  snatched  the  ball  from  one  ano- 
ther, and  threw  it  aloft,  without  letting  it  fall  to  the  ground* 
ludere  expulsimy  vel  pilam  geminare  volantem^  Lucan.  ad 
Pise.  173.  Plant.  Cure.  ii.  3-  17.  Isidor.  i.  21. 

In  country  villas  there  was  usually  a  tennis-court,  or  place 
for  playing  at  the  ball  and  for  other  exercises,  laid  out  in  the 
form  of  a  circus;  hence  called  Sph^risterium,  Suet» 
Vesp'  20-  Plin.  Ep.  ii-  17.  v-  6- 

Young  men  and  boys  used  to  amuse  themselves  in  whirl- 
ing along  a  circle  of  brass  or  iron,  set  round  with  rings,  as 
our  children  do  wooden  hoops.  It  was  called  TROCHUS, 
(a  T^^xUi  c«rro),and  Grcsciis  trochus,  because  borrowed  from 


-^  Roman  Entertainments,  bV.  479 

the  Greeks,  Horat-  Od  iii-  24.  Sl^  Martial  xi.  22.  xiv.  169. 
The  top  (TuiiBo  veW;«x///w)  was  peculiar  to  boys,  Virg* 
jEtX'  vii.  378-  Pers.  iii-  51-  Some  confound  these  two,  but 
improperlj'. 

Those  who  could  not  join  in  these  exercises,  took  the  air 
on  foot,  in  :i  carriage,  or  a  litter. 

There  were  vnrious  places  for  walking,  (AMBULACRA 
vel  AMBULATIONES,  ubi  s!)atiarenUir),  both  public 
and  private,  under  the  open  air,  or  under  covering,  Cic. 
Dom.  44.  Orat.  ii-  20.  Jtt.  xiii.  29.  ad  Q-  Fratr.  iii.  17. 
Geli  i.  2.  Horat.  Od.  ii-  15.  16.  Ep.  i.  10-  22.  Juvenal-  iv. 

5.  vi.  60. 

Covered  walks  (PORTICUS,  porticos,  or  piazzas,)  were 
built  in  different  places,  chieflj'  round  the  Campus  Martius 
and  Forum^  supported  by  marble  pillars,  and  adorned  with 
statues  and  pictures,  some  of  them  of  immense  extent ;  as 
those  of  Claudius,  Martial,  de  Spect.  ii  9.  of  Augustus, 
Suet.  31.  of  Apollo,  Prop'  ii.  31.  1.  Ovid-  Trist.  iii.  1-59. 
of  Nero,  Suet'  JVer.  31.  of  Pompey,  Cic.  de  Fat-  4.  Ovid- 
Art.  Am.i.  67.  of  Livia,  Plin.  Ep.  i.  5.  &.c. 

Porticos  were  employed  for  various  other  purposes  be- 
sides taking  exercise.  Sometimes  the  senate  was  assembled, 
and  courts  of  justice  held  in  them. 

A  place  set  apart  for  the  purpose  of  exercise  on  horseback 
or  in  vehicles,  was  called  GES  FATIO.  In  villas  it  was  ge- 
nerally contiguous  to  the  garden,  and  laid  out  in  the  form  of 
a  circus,  Plin.  Epist.  i.  3.  ii.  17. 

An  inclosed  gallery,  with  large  windows  to  cool  it  in  sum- 
mer, was  called  Cryptoporticus,  Plin.  Epist.  ii.  17-  v» 

6.  commonly  with  a  double  row  of  windows,  Id-  vii.  21. 
Literary  men,  for  the  sake  of  exercise,  {stomachi  causa)., 

used  to  read  aloud,  {dare  et  intent e  /cg-<?r«?),  Plin.  Ep.  ix.  36. 

As  the  Romans  neither  wore  linen  nor  used  stockings,  fre 
quent bathing  was  necessary,  both  for  cleanliness  and  health, 
especially  as  they  took  so  much  exercise. 

Anciently  they  had  no  other  bath  but  the  Tiber.  They 
indeed  had  no  water  but  what  they  drew  from  thence,  or 
from  wells  in  tlie  city  and  neighbourhood  ;  as,  the  fountain 
oi  Egeria  at  the  foot  of  Mount  Aventine,  Liv.  i-  19.  Ovid. 
Fast'  iii.  273.  Juvenal-  iii.  13.  of  Mercury,  Ovid.  Fast,  v-  fi. 


480  KOMAN  ANTIQUITIES. 

The  first  aqueduct  at  Rome  was  built  by  Appius  Clau- 
dius, the  censor,  about  the  year  of  the  city  441.  Diodor.  xx. 
S6.  Seven  or  eight  aqueducts  were  afterwards  built,  which 
brought  water  to  Rome  from  the  distance  of  many  miles,  in 
such  abundance,  that  no  city  was  better  supplied. 

These  aqueducts  were  constructed  at  a  prodigious  ex- 
pense, carried  through  rocks  and  mountains,  and  over  val- 
lies,  supported  on  stone  or  brick  arches.  Hence  it  is  suppos- 
ed the  Romans  were  ignorant,  that  w  ater  conveyed  in  pipes 
rises  to  the  height  of  its  source,  whatever  be  the  distance  or 
inequaiitj'-  of  ground  through  which  it  passes-  It  is  strange 
they  did  not  discover  this  fact,  considering  the  frequent  use 
they  made  of  pipes  (JistulaJ  in  conveying  water.  That  they 
"were  not  entirely  ignorant  of  it,  appears  from  Pliny,  who  says, 
Aqua  in  vel  e  pltimbo  subit  altitudinem  exortus  sui,  water 
in  leaden  pipes  rises  to  the  height  of  its  source,  xxxi-  6.  s. 
31.  The  truth  is,  no  pipes  could  have  supported  the  weight 
of  water  conveyed  to  the  city  in  the  Roman  aqueducts- 

The  waters  were  collected  in  reservoirs,  called  CASTEL* 
LA,  and  thence  distributed  throughout  the  city  in  leaden 
pipes,  Fiin.  xxxvi-  15.  Horat-  Ep.  i-  10.  20. 

When  the  city  was  fully  supplied  with  water,  frequent 
baths  were  built,  both  by  private  individuals  and  for  the  use 
of  the  public  ;  at  first  however  more  for  utility  than  show, 
{in  usum,  iion  ohlectameiitum) ^  Senec*  Ep.  86. 

It  was  under  Augustus  that  baths  first  began  to  assume 
an  air  of  grandeur,  and  were  called  THERiM/E,  {^epf^.i,  ca- 
lores,  J.  e.  calidiS  aqu£^  Liv-  xxxvi.  15) bagnios  or  hot  baths, 
although  they  also  contained  cold  baths-  An  in^Tedil:)le 
aiumber  of  these  were  built  up  and  down  the  city,  Plin-  E- 
pist.  iv.  8.  Authors  reckon  up  above  800,  many  of  them 
built  by  the  emperors  with  amazing  magnificence.  The  chief 
were  those  of  Agrippa  near  the  Pantheon,  Dio.  liii.  27. 
Martial,  iii.  20.  of  Nero,  Martial-  vii.  o3,  Stat-  Syiv,  i.  5. 
61- of  Titus,  Suet.  7.  ofDomitian,  Suet.  5.  of  Caracalla, 
Antoninus,  Dioclesian,  &,c-  Of  these,  splendid  vestiges  still 
remain. 

The  bason  {labrum  aut  lacus)  where  they  bathed  was  call-  ^ 
ed  BAPTIS TERIUM,  NATATIO,  or  Piscina.  The  " 
cold  bath  was  called  FRIGIDARIUM,  sc.  cheman  v.  bul~^ 

;jf . , 


Roman  Entertainments,  {^c.  481 

neian  ;  the  hot,  C  ALD  ARlUiM,  and  the  tepid,  TEPIDA- 
UlUM;  thecold  bathroom,  Cell  A  Frigid  aria;  and  the 
hot,  Cella  Caldaria,  Plin^  Epist.  v.  6.  Fitruv.  v.  10. 
the  stove  room,  HvpocAUSTON,  or  Vapor arium,  Cic» 
Q  Fratr,  lii.  1.  warmed  by  a  lurnace  {propigneum  vel  pr^- 
furnuimj  below,  Plin.  Ep.  ii.  17.  adjoining  to  which  were 
sweating  rooms,  (SUDATORIA,  Senec.  Epist.  52.  vel 
Assa,  so-  balnea,  Cic.  Q  Fratr.  iii.  1.)  the  undressing  room, 
Apoditerium,  Cic.  ibid.  Plitu  Ep-  v.  6.  the  perfuming 
room,  Unctuarium,  ii*  17*  Several  improvements  were 
made  in  the  construction  of  baths  in  the  time  of  Seneca,  E- 
pist'  90. 

The  Romans  began  their  bathing  with  hot  water,  and 
ended  with  cold*  The  cold  bath  was  in  great  repute,  after 
Antonius  Musa  recovered  Augustus  frotn  a  dangerous  dis- 
ease by  the  use  of  it,  Suet^Aug*  lix.  8\'Phn*  xxix.  I'Horat, 
Ep-  i.  15.  but  fell  into  discredit  after  the  death  of  Marcellus, 
which  was  occasioned  by  the  injudicious  application  of  the 
same  remedy,  Dio-  liii*  30. 

The  persons  who  had  the  charge  of  the  bath  was  called 
BALNE ATOR,  Cic  Cosl  26.  Phil  xiii.l2.  He  had  slaves 
under  him,  called  Capsarii,  who  took  care  of  the  clothes 
of  those  who  bathed* 

The  slaves  who  anointed  those  who  bathed,  were  called 
ALlPTiE,  CV  Fam.  i.  9.  Juvenal  iii.  76.  vi.  421.  or 
Unctores,  Martial  vii.  31.6.  xii.  71.  3. 

The  instruments  of  an  Aliptes  were  acurrj'^-combor  scra- 
per (STRIGILIS,  v.  ?7),  to  rub  off  [ad  defncandum  et  des- 
tringendiim  vel  radendum)  the  sweat  and  filth  from  the  body  ; 
made  of  horn  or  brass,  sometimes  of  silver  or  gold.  Suet' 
Aug-  80-  Horat'  Sat.  ii.  7*  110-  Pers-  v.  126-  Martial  xiv- 
51.  Senec-  Epist.  95»  whence  strigmenta  for  sordes  ; — tow- 
els or  rubbing  cloths,  (LINTE  A), —  a  vial  or  cruet  of  oil, 
(.GUTTUS) J  Juvenal,  xi.  158.  usually  of  horn,  {corneus), 
hence  a  large  horn  was  called  Rhinoceros,  Juvenal  \\i- 
263.  vii.  130.  Martial  xiv.  52,  53.  Gell.  xvii-  8.  a  jug,  am- 
pulla, Plant-  Stick,  i.  3-  77.  Pers-  i-  3-  44.  and  a  smal^ 
vessel  called  Lenticula. 

The  slave  who  had  the  care  of  the  ointment  was  called 
Unguentarius,  Sew*  inFirg.Mn-  i,  697- 
•5  3R 


>i82  ROMAN  ANTIQUITIES, 

As  there  was  a  great  concourse  of  people  to  the  bat'te^, 
poets  sometimes  read  their  compositions  there,  Horat*  Sato 
i'  4.  73.  Martial  iii-  44.  10.  as  they  also  did  in  the  porticos 
and  other  places,  Juvenal-  i.  12.  vii.  39.  Plin.  JEpist.  i«  13. 
iii.  18.  vii.  17-  viii.  12-  Suet-  Aug,  89.  Claud-  41.  Domit.  2. 
chiefly  in  the  months  of  July  and  August,  Fltn.  Epist-  viii, 
21.  Juvenat'  iii*  9- 

Studious  men  used  to  compose,  hear  or  dictate  something 
while  they  were  rubbed  and  wiped,  Suet-  Aug-  85-  Plin. 
Mpist.  iii,  5«  iv»  14- 

Before  bathing,  the  Romans  sometimes  used  to  bask  them- 
selves in  the  sun,  {sole  uti),  Phn.  Ep.  iii.  5-  vi.  16.  Sen.  Ep. 
73.  In  sole y  si  caret  vent&,  ambulet  nudus,  sc.  Spurrina,  Flin. 
Ep.  iii.  1. 

Under  the  emperors,  not  only  places  of  exercise,  {gymna" 
sia  et palestra),  but  also  libraries  ibibliotheae)  were  annex- 
ed to  the  public  baths,  Senec.  de  Tranquil.  An.  9. 

The  Romans  after  bathing  dressed  for  supper.  They  put 
on  the  SYNTHESIS  {vestis  cosnatoria  vel  accubatorid)  and 
slippers  ;  which,  uhen  a  person  supped  abroad,  were  car- 
ried to  the  place  by  a  stave,  with  other  things  requisite ;  a 
mean  person  sometimes  carried  them  himself,  Horat.  Ep, 
1.  13,  15-  It  was  thought  very  wrong  to  appear  at  a  banquet 
without  the  proper  habit,  Cic-  Vat.  12-  as  among  the  Jews, 
3Iattk.xxn-  11- 

After  exercise  and  bathing,  the  body  required  rest ;  hence 
probably  the  custom  of  reclining  on  couches  at  meat'  Before 
they  lay  down,  they  put  off  their  slippers,  that  they  might 
■not  stain  the  couches,  Martial,  iii.  50.  Herat-  Sat-  ii.  8.  77. 

At  feasts,  the  guests  were  crowned  with  garlands  of  flow- 
ers, herbs,  or  leaves,  iserta^  coron<e,  vel  coroll<e)y  tied  and 
adorned  with  ribands,  {vittce^  teniae,  vel  lemnisciX  or  with 
the  rind  or  skin  of  the  linden  tree,  (phili/ra),  Horat.  Od.  ii.^^ 
7.  23.  ii.  11-  13.  Sat.ii.  3.  256-  Virg-  Eel.  vi.  16-  Juvenal^ 
V  36.  XV.  50.  Martial,  xiii-  127.  Ovid.  Fast.  v.  337.  Plin. 
xvi.  14.  These  crowns,  it  was  thought,  prevented  intoxicaJ 
tion;  hence  cum  corona  ebrius,  Plant.  Pseud,  v.  2. 2.  Amph,  j 
iii.  4.  16. 

Their  hair  also  was  perfumed  with  various  ointments,  (un^^ 
Sueiita  \t\aromaia)t  nard  or  spikeaard,  Nardum,  vel  -usA 


Roman  Entertainments,  ^c.  483 

Malobathri;m  Assy riv m,  Horat.  ibid- Martial,  iii.  12. 
Amomum,  Fu-g-  Eel.  Iii.  89.  iv.  25.  Balsamum  ex  Jii- 
d^a,  Plin-  xii.  25.  s.  54.  Sec.  When  foreign  ointments  were 
first  used  at  Rome  is  uncertain  ;  the  selling  of  therr^^was  pro- 
hibited by  the  censors,  A   U-  565.  Plin.  xiii.  S.'s-  5. 

The  Romans  began  tlicir  feasts  by  prayers  and  libations 
to  the  gods,  {deos  invncabant,  Quinctilian.  v.  pr.  Libare  diis 
dopes  et  bene  precari^  Liv.  XKxix.  43.)  They  never  tasted 
any  thing  without  consecrating  it,  TihuU.  i.  1-  19.  They 
usually  threw  a  part  into  the  fire  as  an  offering  to  the  Lares j 
therefore  called  Dii  Patellarii,  P/<2?/A  Cist,  ii.  !•  46. 
H<-nceDAPEs  lib  a  tje,  Horat.  S(7t.  ii-  6.  67.  and  when 
they  drank,  they  poured  out  a  part  in  honour  of  some  god, 
on  the  table,  which  was  held  sacred  as  an  altar,  Miir  rob. 
*S'a^iii.  11.  Vir^.Mn.  i.  736-  Sil.  vii.  185.748.  Plaut- 
Cure  \.  2-  31.  Ovid.  Amor.  i.  4.  27.  with  xKis  formula^  Li- 
BO  TIB  I,  Tacit.  Annal.  xv-  64. 

The  table  was  consecrated  by  setting  on  it  the  images  of 
the  Lares  and  salt  holders,  (salinoriim  appositiOy  Arnob.  ii 

Salt  was  held  in  great  veneration  by  the  ancients.  It  was 
always  used  in  sacrifices,  Herat.  Od.  iii-  23.  20.  Plin'  xxxi- 
7'  s.  41.  thus  also  Moses  ordained,  Lexit.  ii-  13.  It  was 
the  chief  thing  eaten  by  the  ancient  Romans  with  bread  and 
cheese,  Plin.  ibid-  Horat'  Sat-  ii.  2.  17*  as  cresses,  {nastur- 
tium) by  the  ancient  Persians,  Cic'  Tmc-  v.  34.  Hence 
Salarium,  a  salary  or  pension,  Plin  ibd-  Suet.  Tib.  46. 
Martial'  iii-  7.  thus  Salaria  multis  subtraxit^  quos  otiosos 
videbat  accipere^  sc  Antonius  Pius,  Capdtolin.  in  vita  ejusy 
7. 

A  family  salt-cellar  {paternum  salinum,  sc.  vasJ  was 
kept  with  great  care,  Bbrat.  Od.  ii.  16.  14.  To  spill  the 
salt  at  table  was  esteemed  ominous.  Pectus.  Setting  the 
salt  before  a  stranger  was  reckoned  a  symbol  of  friendship, 
as  it  still  is  by  some  eastern  nations. 

From  the  savour  which  salt  gives  to  food,  and  the  insipi- 
dity of  unsalted  meat,  sal  was  applied  to  the  mind,  Plin- 
xxxi.  7.  s.  41-  hence  SAL.  wit  or  humour  ;  salsus,  wit- 
ty ;  insulsus,  dull,  insipid;  sales,  witty  sayings ;  sal Atti.. 
cum,  sales  urbani,  C'lc.  Fam- ix.  15.  Sales  intra  pomceria 
:7S??,  polite  raillery  or  repartees, /z/7;r;?(7/.  ix.  11.   Salniger.  ' 


n 


484  ROMAN  ANTIQUITIES. 

I'  e.  ofnari  sales^  bitter  raillery  or  satire,  Horat-  E^*  ii.  i^. 
60>  but  in  Sat.  ii.  4.  74.  ja/  nigrum  meaHs  simply  black 
salt. 

Sal  is  metaphorically  applied  also  to  things  ;  thus,  Tec- 
tum plus  sails  quam  sumptus  hahebat^  neatness,  taste,  ele- 
gance, Nep.  Att.  13.  Nulla  in  corpore  mica  salis^  Catull. 
84.  4. 

The  custom  of  placing  the  images  of  the  gods  on  the  ta- 
ble prevailed  also  among  the  Greeks  and  Persians,  par- 
ticularly  of  Hercules  ;  hence  called  Epitrapezius,  Stat' 
Svlv'iy*  6.  60.  Martial,  ix.  44.  and  of  making  libations, 
Curt.  V-  8. 

In  making  an  oath  or  a  prayer,  the  ancients  touched  the 
table  as  an  altar,  Ovid.  Amor.  i.  4-  27.  and  to  violate  it  by 
any  indecent  word  or  action  was  esteemed  impious,  Juve- 
nal'  ii-  110.     To  t^is  Virgil  alludes,  Mn.  vii.  114. 

As  the  ancients  had  not  proper  inns  for  the  accommoda- 
tion of  travellers,  the  Romans,  when  they  were  in  foreign 
countries,  or  at  a  distance  from  home,  used  to  lodge  at  the 
houses  of  certain  persons,  whom  they  in  return  entertained 
at  their  houses  in  Rome.  This  was  esteemed  a  very  inti- 
mate connexion,  aiid  called  HOSPITIUM,  or  Jus  Hu^pi- 
til,  Liv.  i.  1.  Henc£  HOSPES  is  put  both  for  an  host  or 
entertainer,  and  a  guest,  Ovtd.  Met.  x.  224.  Plaut.  Most* 
ii.  2.  48.  Cic'  Dejo\.  3.  Accipere  hospitefn  non  multi  cibi  sed 
multijoci^  Cic.  F^wn.  ix-  26.  Divertere  ad  hospitem^  De 
Divin.  i.  27.  s.  57.  Fin.  v.  2.  Hospitium^  cum  ahquo  facere\, 
Liv.  et  Cic.  Jungimus  hospitio  dextrasy  sc-  in  Virg.  JEn, 
iii.  83.  Hosprtio  cofijungi^  Cic.  Q.  Fr.  i.  1.  Hospitio  ali- 
quem  excipere  et  accipi ;  renunciare  hospitiwn  ei,  Cic. 
Vtrr.  ii.  36.  Liv.  ^xv.  18.  AmicitioTn  ei  more  majorum  re- 
nunciare, Suet.  Ciil.  3.  Tacit-  Ann.  ii.  70.  Domo  interdice- 
re.  Id.  Aug.  66.  ;racit.  Ann.  vi.  29. 

This  connexion  was  formed  also  with  states,  by  the 
whole  Roman  people,  or  by  particular  persons,  Liv.  ii.  22. 
V.  28.  xxxvii.  54-  Cic.  Verr.  iv.  65.  Bnllh  18.  C<^s.  B-  G. 
1.31'  Hence  ClienteU  kospitiaque  provincialiai  C'lC.  Cat. 
iv.  11.  Publici  hospitiijura,  Plin-  iii.  4. 

Individuals  used  anciently  to  have  a  tally,  (TESSERA 
hospitalitatis) ,  or  piece  pf  wood  cut  into  two  parts,  of  which 


Roman  Entertainments,  b*C'  485 

eacli  partv  kept  one,  Plauf-  Pc^n.  v.  1-  22.  &  2-  92.  They 
swore  fidelity  to  one  another  by  Jupitei",  hence  called  Hos- 
pital is,  Cic.  Q  /•>.  ii.  11.  Hence  a  person  who  had 'vio- 
lated the  rights  of  hospitality,  and  thus  precluded  himself 
access  to  any  family,  was  said  confkegisse  tessera m, 
Fkuf'  Cist-  ii.  1  27. 

A  league  of  hospitality  was  sometimes  formed  by  per- 
sons at  a  distance,  by  mutually  sending  presents  to  one  ano- 
ther, Firg'  Mn.  ix.  361- 

The  rclatifjn  of  hospites  was  esteemed  next  to  that  of 
p:>rents  and  clients,  Geii  i.  13.  To  violate  it  was  esteemed 
the  greatest  impiety,  Firg,  j^n»  v  55.  Cic-  Vtrr-  v.  42. 

The  reception  nf  any  stranger  was  called  Hospithtm^  or 
plur  -ia,  Ovid.  Fast.  vi.  536.  and  also  the  house  or  apart- 
ment in  which  he  was  entertained  ;  thus,  hospitium  sit  tua 
villa  meurn^  Ovid.  Pont.  i.  8.  69.  Divisi  in  hospitia,  lodgings, 
IJv'W'  14.  Ho  SPIT  ALE  cuhiculum,  the  guest-chamber, 
IJV'  i.  58.  HosPitio  utebntur  Tulli.  lodged  at  the  hou'^eof, 
lb-  35.  Hence  Florus  calls  Ostia,  Maritimum  urbis  hospiti- 
um, i.  4.  So  Virgil  calls  Thrace,  Hospitium  antiquum  Tro- 
jte,  a  place  in  ancient  hospitality  with  Troy,  jEn*  iii.  15. 
Linqiiere  pollutum  hospttiiim,  i.  e.  locum  in  quo  jura  hospU 
tiiviolata  fuerant,  I'h-  61- 

The  Roman  nobility  used  to  build  apartments  {dotnuncu- 
Ice)  for  strangers,  called  HOSPITAL! A,  on  the  right  and 
left  end  of  their  houses,  with  separate-  entries,  that  upon 
their  arrival  they  might  be  received  there,  and  not  into  the 
/)<?m/'?//^  or  principal  entry,  (Pep.istylium")  so  called  be- 
cause surrounded  with  columns,  Fitruv.  vi.  10.  Suet.  Aug. 
82. 

The  CCENA  of  the  Romans  usually  consisted  of  two 
p^rts,  called  Mens  a  prima,  the  first  course,  consisting  of 
different  kinds  of  meat ;  and  Mensa  secunda  vel  alte- 
ra, second  course,  consisting  of  fruits  and  sweet-meats, 
Serv.  in  Ftrg-  ^n.  i.  216   723-  viii.  283. 

Tn  later  times,  the  first  part  of  the  ccena  v/as  called  GUS- 
TATIO,  Petron-  22.  31.  or  Gustus,  consisting  of  dishes 
to  excite  the  appetite,  a  whet.  Martial  xi.  32-  53.  and  wine 
mixed  with  water  and  sweetened  with  honey,  called  MUL- 
SUM,  Horat.  Sat,  ii.  4.26.  Cic.  Tusc.  iii- 19.  Orat.  ii-  70/ 


486  ROMAN  ANTIQUITIES, 

Fin,  ii.  B'  s.  17  Plin.  xxii.  24.  whence  what  was  eaten  and 
drunk  {antecoena)  to  whet  the  appetite,  was  named  PRO- 
MULSIS,  Cic-  Fam.  ix.  16.  20.  Senec.  Ep.  123.  and  the 
place  where  these  thmgs  were  kept,  Promulsidarium,v. 
ore,  or  GusTATORiUM,  Petron,  31.  Plin.  Ep.  v.  6.  Mar- 
tial, xiv.  88.  PliTi'  ix.  12. 

But  gustatio  is  also  put  for  an  occasional  refreshment 
through  the  day,  or  for  breakfast,  Plin.  Ep.  iii.  5,  vi.  16. 
Sut't-  Aug.  76.  FopisC'  Tac'  11. 

The  principal  dish  at  supper  was  called  CQiN^E  CA- 
PUT vel  Pom  PA,  Martial-  x.  31.  Cic-  Tusc.  v.  34.  Fm-  ii. 
8. 

The  Romans  usually  began  their  entertainments  with 
eggs,  and  ended  with  fruits:  hence  Ab  gvo  usq^ue  ad 
MALA,  from  the  beginning  to  the  end  of  the  supper,  Horat* 
Sat.  i.  3.  6.  Cic.  Fam.  ix-  20. 

The  dishes  iedulia)  held  in  the  highest  estimation  by  the 
Romans  are  enumerated,  GelL  vii.  16-  Macroh.  Sat.  ii.  9* 
Stat.  Silv.  iv-  6.  8.  Martial,  v.  79.  ix.  48.  xi.  53.  &:c-  a  pea- 
cock, (pAvo,  V'  -us)^  Horat.  Sat-  ii.  2.  23.  Juvenal-  i«  143* 
first  used  by  Hortensius,  the  orator,  at  a  supper,  which  he 
gave  when  admitted  into  the  college  of  priests,  (aditiali  coena 
sacerdoti?),Wm.  x.  20.  s.  23-  a  pheasant,  (phasiana,  <?a; 
Phasi  Colchidisfuvio).,  Martial,  iii  58.  xiii'  72.  Senec.  ad 
Helv.  9.  Petron.  79.  Manil.  v-  372.  a  bird  called  Attagen  vel 
-fwfz,  from  Ionia  or  Phrygia,  Horat.  Epod.  ii-  54-  Martial- 
xiii.  61.  a  guinea  hen,  {avis  Afra.,  Horat-  ibid*  Gallina  Nu- 
midica  vel  Africana,  Juvenal-  xi-  142.  Martial,  xiii-  73.)  a 
Melian  cfane,  an  Ambracian  kid ;  nightingales,  luscinits  ; 
thrushes,  turdi ;  ducks,  geese,  &c.  Tomaculum,  (« ttfAaa)^ 
vel  IsiciUM,  (ab  m^^'co,  sausages  or  puddings,  Juvenal.  x» 
355.  Martial  i.  42.  9-  Petron-  31- 

Sometimes  a  whole  boar  was  served  up ;  hence  called  A- 
NiMAL  propter  convivia  i^ Ai'M'M.^Juvenal.  i.  141-  and 
Porous  Troj  anus,  stuffed  with  the  flesh  of  other  animals, 
Macroh.  Sat-  ii-  9- 

The  Romans  were  particularly  fond  offish,  Macroh.  Sat. 
ii-  1 1.  Mullus.,  the  mullet ;  rhomhus.,  thought  to  be  the  tur- 
bot ;  murxna.,  the  lamprey  ;  scarus,  the  scai*  or  schar  ;  acci 
penser,  the  sturgeon ;  lupus,  a  pike,  &c.  but  especially  of 


4 


Roman  Enter'^ainments,  ^c,  4BT 

sliell-fish,  pz^cev  testacei,  pectines,pectunculi,  vel  conciiy- 
T,iA,  ostrea,  oysters,  JScc  which  they  sometimes  brought  all 
the  way  from  Britain,  Rutupinoqiie  editafundo,  homJiutu- 
pi<£,  Richborough  in  Kent,  Jicvenal.  iv- 141.  also  snails, (cocA- 
lea),  Piin-  Ep.  i.  15. 

Oyster-bed^  (ostrearum  vivariaj  were  first  invented  by 
one  StTgius  Arata,  before  the  Marsic  war,  A.  U.  660,  on 
the  shore  of  Baiac,  fin  Baiano),  and  on  the  Lucrine  lake, 
P/m.  ix.  54.  s-  79.  Hence  Lucrine  oysters  are  celebrated, 
Horat.  Epcd-  2.  49.  Some  preferred  those  of  Brundusium  ; 
and  to  settle  the  difl'ercnce,  oysters  used  to  be  brought  from 
thence,  and  fed  for  some  time  on  the  Lucrine  lake,  Plin-  ibid- 

The  Romans  used  to  weigh  their  fishes  alive  at  table  :  and 
to  see  them  expire  was  reckoned  a  piece  of  high  entertain- 
ment, Plin-  ix.  17-  s.  30-  Senec.  Nat-  Q.  iii-  17-  &  18. 

The  dishes  of  the  second  table  or  the  dessert,  were  called 
BELLARIA ;  including  fruits,  poma  vel  mala,  apples, 
pears,  nuts,  figs,  olives,  grapes  ;  Pistachi<^,  vel  -o.  Pistachio 
nuts  ;  amygdalae,  almonds ;  uv<^  passte,  dried  grapes,  raisins ; 
caricts,  dried  figs  ;  palmul(^,  caryolce,  vel  dactyli,  dates,  the 
fruit  of  the  palm-tree ;  boleti,  mushrooms,  P/z>z-  Ep.  i.  7. 
nuclei  pinei,  pine-apples  ;  also  sweetmeats,  confects,  or  con= 
fections,  called  Edulia  mellita  vel  dulciaria  ;  ciipedie  ;  crus- 
tula,  liba,  placentae,  artologam,  cheese-cakes,  or  the  like ; 
copt<s,  almond-cakes;  scribliU,  tarts,  &c.  whence  the  maker 
of  them,  the  pastrj'^-cook,  or  the  confectioner,  was  called 
Pistor  vel  conditor  dulciariusj  placentarius^  libarius,  crustu^ 
larius,  &c. 

There  were  various  slaves  who  prepared  the  victuals,  wha 
put  them  in  order,  and  served  them  up. 

Anciently  the  baker  and  cook  {pistor  et  coquus  vel  cocus) 
were  the  same,  Festus-  An  expert  cook  was  hired  occasion- 
ally, Plant.  AuL  ii.  4.  185.  Pseud,  iii,  2,  3.  &  20.  whose 
distinguishing  badge  was  a  knife  which  he  carried.  Id.  AuL 
iii.  2,  3.  But  after  the  luxury  of  the  table  was  converted  in- 
to an  art,  cooks  were  purchased  at  a  great  price,  Liv-  xxxix. 
6.  Plin-  ix.  17.  s.  31.  Martial  xiv.  220-  Cooks  from  Sici- 
ly in  particular  were  highly  valued,  Athen.  xiv-  23.  hence 
fSicul«  dapesy  nice  dishes,  Horat-  Od.  iii.  1-  18. 

There  were  no  bakers  at  Rome  before  A,  U»  580 ;  bafcing 


488  ROMAN  ANTIQUITIES. 

was  the  work  of  the  women,  Flin.  xviii- 11.  s-  28'  Varro  de 
Re  Rust-  ii-  10-  but  Plutarch  says,  that  anciently  Roman 
women  used  neither  to  bake  nor  cook  victuals,  Quasi'  Rom. 
84.  s.  85. 

The  phief  cook  who  had  the  direction  oi  the  kitchen,  Kqui 
coquinx  prxratJ ^  was  called  ARCHIMAGIRUS,  Juvenal 
ix.  109.  The  butler  who  had  the  care  of  provisions,  PRO- 
MUS  CoNDus,  Procurator  p em,  (Pen us  autem  om7ie  quo 
vescuntur  homines,  Cic.  de  Nat.  D.  ii.  27.)  Plant*  Pseud, 
ii.  2.  14.  Horat.  Sat.  ii.  2.  16.  He  who  put  them  in  order, 
STRUCTOR,  Martial'  ix.  48.  Juvenal,  vii- 184-  and  some, 
times  carved,  Id'  v.  120.  xi.  136.  the  same  with  CARP- 
TOR,  Carpus,  or  Scissor,  Id.  ix.  110.  He  who  had  the 
charge  of  the  hall,  Atriensis,  Cic'  Par  ad.  v.  2. 

They  were  taught  carving  as  an  art,  and  performed  it  to 
the  sound  of  music;  hence  called  Chiron  omontes  vel 
gestict'datores  ;  Juvenal,  v.  121.  xi.  137.  Petron-  ^5'  36* 

The  slaves  who  waited  at  table  were  properly  called  MI- 
NISTRI ;  lightly  clothed  in  a  tunic,  and  girt,  (succi?jcti  vel 
alte  cincti,  Horat*  Sat.  ii.  6-  107*  ii.  8.  10.)  with  napkins, 
{linteis  succincti.  Suet.  Cal.  26.)  who  had  their  different  tasks 
assigned  them  ;  some  put  the  plate  in  order,  {argentum  ordi" 
nabant),  Senec.  de  brev.  Vit.  12-  some  gave  the  guests  wa- 
ter for  their  hands,  and  towels  to  wipe  them  ;  Petron.  31. 
some  served  about  the  bread  ;  some  brought  in  the  dishes, 
{opsonia  inferebant),  and  set  the  cups,  Virg.  jEn-  i.  705. 
&c.  some  carved  ;  some  served  the  wine,  Juvenal-  v.  56.  59. 
&c.  In  hot  weather  there  were  some  to  cool  tiie  room  with 
fans,  (JiabellaJ,  and  to  drive  away  flies.  Martial,  iii.  82, 

■ Maid  servants  {famuU)  also  sometimes  served  at  table, 

Virg.  Mn-  i.  703-  Suet-  Tib.  42.  Curt-  v.  I. 

When  a  master  wanted  his  slave  to  bring  him  any  thing, 
he  made  a  noise  with  his  fingers,  (digitis  crepuit),  Martial, 
Ibid.  &  vi.  89.  xiv.  119.  Petron.  27. 

The  dishes  were  brought  in,  either  on  the  tables  them- 
selves, or  more  frequently  on  frames,  (FERCULA  vel  Re- 
positoria),  each  frame  containing  a  vai'iety  of  dishes,  Pe- 
tron* xxxv.  66.  Plin-  xxviii,  2.  s.  5-  xxxlii-  11-  s.  49.  &  52. 
hence  Pr«bere  cccnam  trinis  vel  sems/erculis,  i.  e.  missibusy 
to  give  a  supper  of  three  or  six  courses,  Suet.  Aug,  74.  Ju- 


Roman  ENTERTAiNME>tTs,  <3'c'  489 

venal'  i.  94.  Bwt  fcrcula  is  also  sometimes  put  for  the  dishes 
or  the  meat,  Horat-  Sat-  ii-  6-  10 1-  Martial,  iii.  50.  ix.  83- 
xi.  32.  Auson.  Epigr.  8.  Juvtnal-  xi.  64.  So  Mens^k  ;  thus 
Mensas,  i.  c.  hiuces  magnas  instar  mensarum,  repositoriis 
imponere,  Plin.  xxxiii-  11.  s-  49-  Petron.  34.  47.  68.  Some- 
times the  dishes  {patina  vel  catini)  were  brought  in  and  set 
down  separately,  Z^ra/.  Sat.  ii.  8-  42.  ii«  2-  39. 

A  large  platter  {lanx  vel  scutella)  containing  various  kinds 
of  meat,  was  called  Mazonomum,  (a  v£,tt»,  tribito^  t\.  y.x^cc 
edulium  quoddam  e  farina  et  lade  J  ;  Avhich  was  handed 
about,  that  each  of  the  guests  might  take  what  he  chose,  Id. 
viii.  86.  Vitellius  caused  a  dish  of  immense  size  to  be  made, 
Plin.  XXXV.  12.  s.  46.  which  he  called  the  Shield  of  Miner - 
i;^,  filled  with  an  incredible  variety  of  the  rarest  and  nicest 
kinds  of  meat,  Suet.  Fit- 13. 

At  a  supper  given  that  emperor  by  his  brother  upon  his 
arrival  in  the  city,  (ccena  adventitia),  2000  ofthe  most  choice 
fishes,  and  7000  birds  are  said  to  have  been  served  up. 
Vitellius  used  to  breakfast,  dine,  and  sup  with  different  per- 
sons the  same  day,  and  it  never  cost  any  of  them  less  thaii 
400,000  sesterces,  about  3229/.  3s-  4d.  sterling,  Ibid.  Thus 
he  is  said  to  have  spent  in  less  than  a  year,  JVovies  millies  H. 
S.  i.  e.  7,265,625/.  Z)io-lxv.  3.  Tacit-  Hist.  ii.  95- 

An  uncommon  dish  was  introduced  to  the  sound  of  the 
flute,  and  the  servants  were  crowned  with  flowers,  Macrob„ 
Sat.  ii.  12. 

In  the  time  of  supper,  the  guests  were  entertained  with 
music  and  dancing,  Petron.  35.  36.  sometimes  with  pan= 
tomimes  and  play-actors,  Plant.  Stick"  ii.  2.  56.  Spartian- 
Adrian.  26-  with  fools  (moriones),  and  buffoons,  Plin.  Ep^ 
ix.  17.  and  even  with  gladiators,  CapitoUn.  in  Vero^  4.  But 
die  more  sober  had  onlj'^  persons  to  read  or  repeat  select  pas- 
sages from  books,  (anagi^ost^  vel  a c r o a m a t a ),  Cic^ 
Att.  i.  12.  Fam-  v.  9.  Nep,  Att.  xiii.  14.  Suet.  Aug.  78. 
Plin.  Ep.  i.  15.  iii.  5.  vi-  31-  ix-  36.  Gell-  iii.  19.  xiii.  11. 
xix.  7.  Martial,  iii.  50'  Their  highest  pleasure  at  entertain- 
ments arose  from  agreeable  conversatioUj  Cic.  Sen.  14.  IIo- 
rat.  Sat  ii-  6.  70- 

To  prevent  the  bad  effects  of  repletion,  some  used  after 
.ruppcr  to  take  a  voipit :  thus  Cjesar  (a^cubnit,  ^V.Tr.xrv  age- 


49d-  ROMAN  ANTIQUITIES^. 

baty  i.  e-  post  ccenam  vomer evolebat^  ideoque  larg'ms  edebat)^ 
Cic.  Att.  xiii.  52.  Dejoi.  7.  also  before  supper  and  at  other 
times,  Suet'  Fit.  13.  Cic.  Phil  41-  Cels-  i.  3.  Vomurtt,  ut 
cdant ;  edunt,  ut  vomant^  Senec*  ad  Helv.  9.  Even  women 
after  bathing  before  supper,  used  to  drink  wine,  and  throw 
it  up  again  to  sharpen  their  appetite,  [Falerni  sextarius  alter 
ducitur  ante  cibutn^  rabidamfacturus  orexim)^  Juvenal,  viv 
427. 

A  sump'tuous  entertainment  {ccena  lauta^  opima  vel  opi- 
/;ara),  was  called  Augur  ALis,  Cic- Fam.  vii.  26.  Ponti- 
picALis  vel  PontiJicum^Yior'  Od.  ii-  14-  28»  Saliaris, 
Id.  \.  37.  Cic.  Att.  v.  9-  because  used  by  these  priests ;  or 
Du Bi A,  ubi  tu  dubites  quid  swnas  potissimumy  Tev.  Phor. 
ii.  2.  28.  Hor-  Sat.  ii.  2.  76- 

When  a  person  proposed  supping  with  any  one  without 
invitation,  or,  as  we  say,  invited  himself,  {coenam  ei  con- 
dixitj  vtXad  cGsnam),  Cic- Fam-  i.  Suet.  Tib.  42.  he  was 
called  HosPEs  oblatus,  Piin.  Prcef.  and  the  entertain- 
ment SUBITA    GONDICTAqUE    COENULA,    Suet*     Clttud. 

21. 

An  entertainment  given  to  a  person  newly  returned  from 
abroad,  was  called  Ccena  Adventitia  vel  -?ona,  Suet. 
Vit.  13-  vel  Viatica  ;  Plant.  Bacch.  i.  1.  61.  by  patrons 
to  their  clients,  Ccena  Recta,  opposed  to  Sportula, 
Martial,  viii.  50.  by  a  person,  when  he  entered  on  an  office 
Ccena  aditialis  <ye/ adjicialis,  Suet.  Claud.  9.  Se- 
nee.  Ep.  95.  123. 

Clients  used  to  wait  on  their  patrons  at  their  houses  early 
in  the  morning  to  pay  their  respects  to  them,  (salutare). 
Martial,  ii.  18.  3.  iii.  36.  iv^  8.  Juvenal,  i.  128.  v.  19-  and 
sometimes  to  attend  them  through  the  day  wherever  thej- 
went,  dressed  in  a  white  toga.  Id.  vii.  142-  Martial-  i-  56-  13, 
hence  called  Anteambulones,  Id.  iii-  7.  Nivei  Qui- 
rites  ;   and  from  their  number,   Turea    tog  at  a,   et 

pRiECEDENTIA    LONGI    AGMINTS     OFFICIA,    JuV.  \.    96. 

viii.  49.  X.  44.  On  which  account,  on  solemn  occasions 
tthcy  werQ  invited  to  supper,  Juv.  v.  24.  Suet.  Claud.  21. 
and  plentifully  entertained  in  the  hall.  This  was  called 
COENA  recta,  i.  e-  justa  et  solcmnis  adeoque  lauta  et 
cpipara^  a  formal,  plentiful  supper ;  hence  convivari  recta 


Roman  Entertainments,  ^'c-  451 

sc  ecena.  Suet.  Au?-  74.  r^r/e  et  dapsih,  i.  e.  a/mndanter, 
to  ketp  a  good  table,  ?(/•  Te^p.  19  •  So  Tzv^r^  rd-r/f,  vel  cum 
recto  apparatus  St-nec.  Epist.  110. 122- 

But  upon  the  increase  of  luxury,  it  became  customary 
under  the  emperors,  instead  of  a  supper,  to  give  each,  at 
least  of  the  poorer  clients,  a  certain  portion  or  dole  of  meat 
to  carry  home  in  a  pannier  or  small  basket,  (SPORTU-. 
LA) ;  which  likewise  being  found  inconvenient,  money 
was  given  in  phice  of  it,  called  also  Sportula,  to  the  a. 
mount  gcneruliy  of  100  quadj-entes,  or  25  asses^  i.  e-  al'jout 
1*.  Id.  sf^rling  each,  Juvenal-  1.  95.  120.  Martial,  i.  60. 
Hi.  7-  xi.  75-  sometimes  to  persons  of  rank,  to  '.vomen  as 
well  as  men.  Ibid.  This  word  is  put  likewise  for  the  hire 
given  by  orators  to  those  whom  they  employed  to  applaud 
them,  :vhilethey  were  pleadirig,  Plin.  Ep.  ii.  14. 

SPORTULiE,  or  pecuniary  donations  instead  of  sup- 
pers were  established  by  Nero,  Suet.  JVer-  16.  but  abolish- 
ed by  Domidan,  and  the  custom  of  formal  suppers  restor- 
ed, Suet  Domit.  7. 

The  ordinary  drink  of  the  Romans  at  feasts  was  wine, 
M^hich  they  mixed  with  water,  and  sometimes  with  aromat- 
ics  -.r  spices,  Juvenal,  vi  302.  They  u:,ed  water  either  cold  or 
hot.  Id.  v-  63-  Martial  viii.  67.  7.  i.  12.  xiv.  105.  Plaut. 
Cure.  ii.  3-  13-  et  Mil.  iii.  2.  22. 

A  place  where  wine  was  sold  (taherna  vinarid)  was  called 
CENOPOLIUM  ;  where  mulled  wines  and  hot  drinks 
were  sold,  Thermopohum,  Plant,  ibid,  et  Pud.  ii.  6, 
43.  Pseud,  ii.  4.  52. 

Wine  anciently  was  very  rare.  It  was  used  chiefly  in 
the  worship  of  the  gods.  Young  men  below  thirty,  and  wo- 
men all  their  liff  time,  were  forbidden  to  drink  it,  unless  at 
sacrifices,  Val.  Max.  ii.  1.  5.  vi.  3.  Geil-  x.  23.  P/in.  xiv„ 
J3.  whence,  according  to  some,  the  custom  of  saluting  fe- 
male relations,  that  it  might  be  known  whether  they  had 
drunk  wine,  ibid.  &''  Plutarch.  Q  Pom.  6.  But  afterwards, 
when  wine  became  more  plentiful,  these  restrictions  were 
removed  ;  which  Ovid  hints  was  the  case  even  in  the  time 
of  Tarquin  the  Proud,  Fast-  ii.  740. 

Vineyards  came  to  be  so  much  cultivated,  that  it  appear-^ 
£;d  agricultnn^  was  thereby  neglected ;  on  which  account,, 


492  KOMAN  ANTIQUITIES. 

Domitian  by  an  edict,  prohibited  any  new  vineyards  to 
be  planted  in  Italy,  and  ordered  at  least  the  one  half  to  be 
cut  down  in  the  provinces,  Suet.  Dom.  7.  But  this  edict 
was  soon  after  abrogated,  id.  14. 

The  Romans  reared  their  vines  by  fastening  them  to  cer- 
tain trees,  as  the  poplar  and  the  elm  ;  whence  these  trees 
were  said  to  be  married  (maritan)  to  the  vines,  Horat.  Epod. 
ii.  10.  and  the  vines  to  them,  {duci  ad  arbor es  vi  diias^  i.  e. 
vitibiis  tanquam  uxoribus  per  civilia  bella  privatas^  id.  Od. 
iv.  5.  30.)  and  the  plane  tree,  to  which  they  were  not  joined, 
is  elegantly  called  Calebs,  Id\\.  15.  4- 

Wine  was  made  anciently  much  in  the  same  manner  as 
it  is  now-  The  grapes  were  picked  Wtiiffrpe^flw^^/r)  in  bas- 
kets, {qual'i^  quasdla,Jisci,Jiscinte,  yQ\Jiscellce)  made  of  osier, 
and  stamped,  icalcabantur ) .  The  juice  was  squeezed  out 
by  a  machine  called  TORCULUM,  -ar  -arc,  vel  .arming 
or  PRELUM,  a  press-  Jbrcw/ar  was  properly  the  whole 
machine,  and  prehim^  the  beam  which  pressed  the  grapes, 
iirabs  qua  tiva  premiturj ^  Serv.  in  Virg.  G.  ii.  242.  Vitruv. 
"vi.  9.  The  juice  was  made  to  pass  Uransmittebatur) 
through  a  strainer,  (Saccus  vel  Colum),  Martial,  xii-  61. 
3.  xiv.  104.  and  received  into  a  large  vat  or  tub,  (LACUS), 
Ovid.  Fast.  iv.  888.  Plin.  Epist.  ix.  20.  or  put  into  a  large 
cask,  DoLiuM,  ( Cupa,  vel  SeriaJ,  made  of  wood  or  pot- 
ter's earth,  until  the  fermentation  was  over,  (donee  dcfurbu- 
erit ;  hence  Vinum  doliare,  Plant.  Pseud,  ii.  2.  64. 
The  liquor  which  came  out  without  pressing,  was  called 
Protropumy  or  mustuin  lixivium^  Plin.  xiv..  9.  Columel. 
Jxii.  41. 

The  must  or  new  wine  (MUSTUM)  was  refined,  {def<£. 
caba7itur)^hy  mixing  it  with  the  yolks  of  pigeons'  eggs,  Ho- 
rat.  Sat.  ii.  4.  56-  The  white  of  eggs  is  now  used  for  that 
purpose-  Then  it  was  poured  {diffusum)  into  smaller  vessels 
or  casks,  (amphorae  vel  caa'?),  made  usually  of  earth  ;  hence 
called  Test^,  Herat.  Od.  iii.  21.  4.  covered  over  with  pitch 
or  chalk,  ioblita:  vel  picatx  ct  gypsat^),  and  bunged  or  stop- 
ped up,  {obturate) ;  hence  relinere  vel  delinere  dolium^  vel  ca- 
duniy  to  open,  to  pierce,  Terent.  Heaut.  iii.  1- 51-  Wine 
"was  also  kept  in  leathern  bags,  (utres),  Plin.  xxviii.  18. 
From  new  wine,  a  book  not  ripe  for  publication  is  called 
Musteus  liber,  by  Pliny,  Ep.  viii.  21, 


Roman  Entertainments,  is'c.  493 

On  each  cask  was  marked  the  name  of  tlie  consuls,  or  the 
year  when  it  was  made,  Horat.  Od.  i-  20.  iii.  8.  12.  &  28. 
8.  Ep.  i.  5.  4.  hence,  Nunc  mihi  fumosos  veteris  proferte 
Falernos  ConsultSy  (^sc.  cados)  Tibull.  ii.  1.  27.  and  the 
oldest  was  always  put  farthest  back  in  the  cellar  ;  hence  In- 
teriore  nota  Falern<e^  with  a  cup  of  old  Falcrnian  wine,  Ho- 
rat. Od.  ii.  3.  8. 

When  a  cask  was  in  use,  it  was  inclined  to  one  side,  and 
the  wine  poured  out.  The  Romans  did  not  use  a  siphon  or 
spigget,  as  we  do  ;  hence  vert  ere  cadiim^  to  pierce,  to  emp- 
ty. Id.  iii.  29.  2-  Invertunt  Aliphams  (sc.  poculis)  vinarm 
totOy  (sc.  vasa^  i.  e.  cados  v-  lagenas),  turn  over  whole  casks 
into  large  cups  made  at  Allifce,  a  town  in  Samnium,  id' 
Sat.  ii.  8.  39. 

Sometimes  wine  was  ripened,  by  being  placed  in  the 
smoke  above  a  fire,  Id-  Od.  iii.  8-  11.  Plin.  xiv.  1.  s.  3. 
Martial,  iii.  81.  x.  36.  or  in  an  upper  pi  it  of  the  house,  (^m 
horreo  velapofheca  editiore) ;  whence  it  was  said  descendere^ 
Horat.  Od.  iii.  21.  7.  Often  it  was  kept  to  a  great  age,  Id, 
Od.  iii.  14.  18.  Cic.  Brut-  286.  Juvenal,  v.  50.  Fers-  iv-  29* 
Fell.  ii.  7.  Wine  made  in  the  consulship  of  Opimius,  A.  U. 
633.  was  to  be  met  with  in  the  time  of  Pliny,  near  200  years 
after,  (in  speciem  asperi  mellis  redactum)^  Plin,  xiv.  4.  s.  6, 
Martial,  i.  27.  7.  ii.  40.  5.  In  order  to  make  wine  keep, 
they  used  to  boil  (deconquere,  Virg.  G.  i.  295.)  the  must 
down  to  one  half,  when  it  was  called  defrutum;  to  one 
third,  Sapa,  P/m.  xiv.  9.  s.  11.  and  to  give  it  a  flavour, 
i.ut  odor  vino  contingeret,  et  saporis  qu^dam  acumina),  they 
mixed  it  with  pitch  and  certain  herbs  :  v.'hen  they  were  said 
coNDiRE,  MEDicARi  vcl  concinnarc  vinum^  Plin.  xiv- 
20.  s.  25.  Columell.  xii.  19.  20.  21.  Cato  de  Re  Rust. 
114.  &  115. 

Wines  were  distinguished  chiefly  from  the  places  Vv'here 
they  were  produced  ;  in  Italy  the  most  remarkable  were  Fi~ 
num  Falernum,  Massicum,  Calenum^  Ccecubumy  Alba- 
nuniy  Setimim,  Surrentinum,hc.  Plin.  23.  1- ,?.  20.  Foreigia 
wines,  Chium,  Lesbium.,  Leucadium,  Coiim,  Rhodium,  NaX' 
iurrij  Mamertinum,  T/iasiuntj  M^onium^  vel  Lydium,  Ma^ 
reoticum,  &c.  Plin-  xiv.  6.  s.  8.  &c.  Also  from  its  colour 
or  age,  Vinum  album,  nigrum,  rubrum^  &;c.  Th.  9.  s-  11.  12. 


'^«£.> 


494  KOMAN  ANTIQUITIES. 

Fetus^  novum,  recens,  hornum,  of  the  present  year's  growth ; 
trimum,  three  years  old ;  molle,  lene,  vetustate  edentulum^ 
mellow;  asperumyel  austerum,  harsh  ;  merum  velmeracum, 
pure,  unmixed ;  meraciusj  i.  t..  fortius^  strong,  Cic-  Nat-  Z)» 
iii.  31. 

The  Romans  set  down  tlie  wine  on  the  second  table  {aU 
teris  mensisj,  with  the  dessert,  ^cum  bellariis)^  and  before 
they  began  drinking,  poured  out  libations  to  the  gods,  Virg. 
Mn.  I  730.  viii.  278.  283.  G.  ii.  101.  This  by  a  decree  of 
the  senate  was  done  also  in  honour  of  Augustus,  after  the 
battle  of  Aetium,  Dio.  li.  19.  Horat.  Od.  iv-  5.  31. 

The. wine  was  brought  in  to  the  guests  in  earthen  vases 
(AMPHORiE,  vel  Testa]  with  handles,  fansaU),  hence 
called  DioT^,  Horat.  i.  9.  8.  or  in  big-bellied  jugs  or  bot- 
tles (AitfPULLiE)  of  glass,  fvitreo"),  leather,  C<;oriacece)y  or 
earth,  C/^/ert*),  Plin.  Epist  iv.30.  Suet.Domit.  21.  Martial, 
vi.  35.  3.  xiv.  1 10.  on  each  of  which  were  affixed  labels  or 
small  slips  of  parchment,  (Tituli  vel  Pittacia,  i.  e. 
schedule  e  membrana  excise,  vel  tahella),  giving  a  short  de- 
scription  of  the  quality  and  age  of  the  wine  ;  thus,  Faler- 

NUM,OPIMIANUM  ANNORUM  CENTUM,  PetrOTl.  34-  ./l/Ve- 

nal.  V.  34.  Sometimes  different  kinds  of  wine  and  of  fruit 
were  set  before  the  guests  according  to  their  different  rank, 
'Plin.  Ep.  ii.  6.  Martial,  iii-  82.  iv.  86.  vi-  11.  49.  Suet.  C<es, 
48-  Spartian.  Adrian.  17.  Juvenal,  v.  70.  whence  Vinum 
DOMiNicUM,  the  wine  drunk  by  the  master  of  the  house, 
Petron.  31.  and  c^nare  civiiiter,  to  be  on  a  level  with  one's 
guests,  Juvenal.  \.  112. 

The  wine  was  mixed  fmiscebatur  vel  temperabaturj 
with  water  in  a  large  vase  or  bowl,  called  CRATER,  v. 
"Cra,  whence  it  was  poured  into  cups,  (Pocula),  Ovid, 
Fast.  V.  522. 

Cups  were  called  by  different  names  ;  Calices,  phiala,  pe. 
ter^,  canthari,  carchesia,  ciboria,  scyphi,  cymbia,  scaphia,  ba^ 
tiolec,  cululli,  amystides,  &c.  and  made  of  various  materials  ; 
of  wood,  as  beech,  ya^zna,  sc.  pocula,  Virg^  Eel.  iii.  37.  of 
t2x\}^,fictdia,  of  glass,  ViTREA,il/ar?za/.  i.  38.  Juvenal,  ii. 
9S.  which  when  broken  used  to  be  exchanged  for  brimstone- 
matches,  isulphurata  ramenta).  Martial  i  42.  4.  x.  3.  Juve- 
naL  V.  49.  of  amber,  succina.  Id.  ix.  50.  of  brass,  silver,  and 


RoMaw  Entertainments,  &Pc,  495 

gold,  sometimes  beautifully  engraved ;  hence  called  TO- 
REUMATA,  i.  e.  vasa  scidpta  vel  cdata^  Cic.  Verr-iv.  18. 
ii.  52.  Pis.  27.  or  adorned  vvitli  figures  (signa  vel  sigiUaJ 
affixtd  to  them,  called  CRUSTS  or  EMBLEMATA, 
Cic.  Verr.  iv.  23-  Juvenal,  i.  76.  Martial  viii.  51.9.  which 
might  be  put  on  and  taken  off  at  pleasure,  (exemtdia)^  Cic. 
ibid.  22.  &  24.  or  with  gems,  sometimes  taken  off  the  fing- 
ers for  that  purpose,  Juvenal,  v.  41.  hence  called  C  ALICES 
GEMMATI  vel  aurum  gtluuatxsu.  Martial,  xiv.  109. 

Cups  were  also  made  of  precious  siones,  Virg.  G.  ii-  506. 
of  crystal,  Senec.  de  Ira.  iii-  40-  of  amethyst  and  murra  or 
porcelain,  {pocula  murrina')^  Martial,  ix.  60.  13.  x-  49.  Plin- 
xxxiii-  1.  xxxvii.  2.  &c. 

Cups  were  of  various  forms ;  some  had  handles  (ANSiE. 
vel  nasi),  Firg.  Ed  vi.  17-  Juvenal,  v.  47-  iisudly  twisted, 
(TORTILES),  Ovid.  Ep.  xvi.  252.  hence  called  Cali^ 
cEs  PTERATi,i.  e.  alati\t\  ansati^  Plin-  xxxvi.  26.  Some 
had  none. 

There  were  slaves,  usually  beautiful  boys,  Cpueri  eximia 
facie,  Gell.  xv.  12.)  who  waited  to  mix  the  wine  with  water, 
and  serve  it  up  ;  for  which  purpose  they  used  a  small  goblet, 
called  CYATHUS,  to  measure  it,  Plaut.  Pers-  v.  2.  16» 
containing  the  twelfth  part  of  a  sextarius,  nearly  a  quart 
English  :  Hence  the  cups  were  named  from  the  parts  of  the 
Roman  AS,  according  to  the  member  oi  cyathi  which  they 
contained;  thus,  sextans,  a  cup  which  contained  two  cy- 
athi ;  Triens  v^l  TrientaU  four;  Quads  an  s,  three,  &c^ 
Suet.  Aug.  11.  Martial  viii.  51.  24.  ix-  95.  xi.  37.  Pers, 
iii.  100  and  those  who  served  with  wine,  were  said  Ad  c  y- 

ATHOS  STARE,  Suct.  Jul- Ai9.  AD  CYATHUM  STATUI,  Ilor, 

Od  i.  26.  8.  or  Cyathissari,  Plaut.  Men.  ii-  2.  29. 

They  also  used  a  less  measure  for  filling  wine  and  other 
liquors,  called  Ligula  or  Lingula,  and  Cochleare,  ve! 
-ar,  a  spoon,  the  fourth  part  of  a  cyathus^  Martial,  v.  20.  viii. 
33.  23.  xiv.  121. 

The  wine  was  sometimes  cooled  with  snow  by  means  of 
a  strainer,  Colum  NivARiuiyr,  Martial,  xiv-  103.  vel  Sac- 

CUS  NIVARIUSj/f/-  104. 

The  Romans  used  to  drink  to  the  health  of  one  another  j 
thus,  Bene  mihi.  Bene  vobis,  ^^.c-  Plant-  P^'s,y.  »..  20-, 


^■' 


496  ROMAN  ANTIQUITIES. 

sometimes  in  honour  of  a  friend  or  misti-ess,  Ibid-  ^  Horat. 
Od'  i.  27.  9.  and  used  to  take  as  many  cyathi  as  there  were 
letters  in  the  name,  TibulL  ii.  1.  31.  Martial  i.  72.  or  as  they 
■wished  years  to  them  ;  hence  they  were  said,  Ad  numerum. 
bibere,  Ovid.  Fast.  iii.  531.  A  frequent  number  was  three, 
in  honour  of  the  Graces  ;  or  nine,  of  the  Muses,  Horat.  Od. 
iii.  19-  11-  Alison.  Eidyll.  xi.  1.  The  Greeks  drank  first  in 
honour  of  the  gods,  and  then  of  their  friends  ;  hence  Gr^- 
CO  MORE  BIB  ERE,  Cic.  Ferr.'i.  26.  etibiAscon-  They  be- 
gan with  small  cups,  and  ended  with  larger,  Ibid.  They  used 
to  name  the  person  to  whom  they  handed  the  cup  ;  thus, 
Pro  PI  NO  TIB  I,  &.C.  Cic-  Tusc.  i.  40.  Plant.  Stick,  v.  4. 
26.  &  30.  Ter.  Eun.  v.  9.  57.  Firg.  Mn.  i.  728.  Martial. 
i.  69-  vi.  44.  Juvenal,  v.  127. 

A  skeleton  was  sometimes  introduced  at  feasts  in  the  time 
of  drinking  ;  or  the  representation  of  one,  (larva  argentea), 
Petron.  34.  in  imitation  of  the  Egyptians,  Herodot.  ii.  78.  s. 
74-  Plutarch,  in  conviv.  Sapient.  6-  upon  which  the  master 
of  the  feast,  looking  at  it,  used  to  say,  Vivamus,  dum  li- 
cet ESSE   BENE,  PetrOU.  lb.  niVBTs  KXi  T£^7r£V,  es-e-eat  yx§  ecTToOx' 

vm  TaiovToi,  Drink  and  be  merry  ;  for  thus  shalt  thou  be  after 
death,  Herodot.  ibid. 

The  ancients  sometim*es  crowned  their  cups  with  flowers, 
Firg.  j^n.  iii.  525-  TibulL  ii.  5.  98.  But  coronare  craterc 
vel  vina^  i.  e.  pocula,  signifies  also  tofillrvith  wine^  Virg.  G. 
ii.  528.  JEn.  i.  724-  vii.  147- 

The  ancients  at  their  feasts  appointed  a  person  to  preside 
by  throwing  the  dice,  whom  they  called  ARBITER  BI- 
BENDI,  Maglster  vel  Rex  convivii^  modiperator,  vel  mo- 
dimperator,  {c-vci^Troa-ix^x"^),  dictator,  dux,  strategus,  &c.  He 
directed  every  thing  at  pleasure,  Horat-  Od.  i.  4.  18.  ii.  7. 
25.  Cic.  Ssn.  14.  Plaut-  Stick,  v  4-  20. 

When  no  director  of  the  feast  was  appointed,  they  were 
said  Culpa  potare  magistra,  to  drink  as  much  as  they  pleas- 
ed, fculpaba'ur  ille  qui  multum  biberet,  excess  only  was 
blamed),  Horat.  Sat.  ii.  2  123-  Some  read  cuppa  vel  cupa^ 
but  improperly ;  for  cupa  sig!iifies  either  a  large  cask  or  tun, 
which  received  the  must  from  the  wine-press  ;  or  it  is  put 
for  copa  vel  caupa,  a  woman  who  kept  a  tavern,  (qiav  can- 
ponam  vel  tabcrnavi  exerceretj.  Suet.  Ner.  27"  or  for  the  ta- 


Roman  Entertainments,  bV.  497 

tern  itself;  whence  it  was  thought  mean  for  a  person  to  be 
.supplied  with  wine,  or  from  a  retailer,  fde  propola  velpro- 
palaj,  Cic.  Pis.  27.  Suet.  Claud.  40- 

During  the  intervals  of  drinking  they  often  played  at  dice, 
(ALE  A),  Plant.  Cure.  ii.  3.  75.  of  which  there  were  two 
kinds,  the  tesserae  and  tali,  Cic.  Sen.  16. 

The  TESSER.E  had  six  sides,  marked  L  II.  III.  IV. 
V.  VI.  like  our  dice  :  the  TALI  had  four  sides  longwise  ; 
for  the  two  ends  were  not  regarded.  On  one  side  was  mark- 
ed one  point,  («;;w,  an  ace,  called  Canis  ;  on  the  opposite 
side  six,  Se  N I  o,  sice) ;  on  the  two  other  sides,  three  aijd four, 
fternioci  qimternio)-  In  playing  they  used  three  tessera  and. 
four  tali.  They  were  put  into  a  box  made  in  the  form  of  a 
small  tower,  strait-necked,  wider  below  than  above,  and  flu- 
ted in  ringlets, (?r2^//5  gradus  excisos  habensJ ^  called  FRITILo 
LUS,  pyrgus  turrisy  turricula,  phimus,  orca,  &c.  and  being 
shaken,  were  thrown  out  upon  the  gaming- board  or  table, 
(FORUS,  alveus,  vel  tabula  lusoria  aut  aleatoria).  The 
highest  or  most  fortunate  throw,  fjactus  bolus  vel  manusj 
called  VENUS,  or  Jagtus  venereus,  vel  Basilicus, 
was,  of  the  tessera ^  three  sixes  ;  of  the  tali^  when  all  of  them 
came  out  different  numbers-  The  worst  or  lowest  throw, 
(Jactus  pessimus  vel  damnosus),  called  CANES  vel  Cam- 
cuU-y  waSj  of  the  tesserte^  three  aces  ;  of  the  tali^  when  they 
were  all  the  same.  The  other  throws  were  valued  from  theii 
numbers,  Cic-  Divin.  l  13.  ii.  21.  &  59.  Suet.  Jug.  71.  0- 
vid.  Art.  Am.  ii.  203.  Trist-  ii.  474.  Propert.  iv.  9.  20. 
Plaut-  .dsin.  v-  2.  55.  Hor.  Sat-  ii.  7.  17.  Pers-  Sat.  iii.  49, 
jMartial.  xiv.  14.  &:c.  When  any  one  of  the  tall  fell  on  the 
end,  vin  caput),  it  was  said  rectus  cadere  vel  assistere,  Cic. 
Fin.  iii.  16.  and  the  throw  was  to  be  repeated.  The  throw 
failed  Venus  determined  the  direction  of  the  feast,  {Archipo- 
^la^  in  compotatione  pnncipatus,  viagistsrium,  Cic.  Senect. 
14.  vel  Begnumvmi,  Horat.  Od.  i-  4.  18.)  While  throwing 
xhe  dice,  it  was  usual  for  a  person  to  express  his  wisM^s, 
CO  invoke  or  name  a  mistress,  or  the  like,  Plaut.  Asin-  v.  2- 
55.  iv.  1.  35.  Captiv-  \,  1.  5.  Cure.  ii.  3.  78. 

They  also  played  at  odds  or  evens,  (Par  impar  lude- 
bant)  Suet-  Aug.  71.  and  at  a  game  called  DUODECIM 
SCRIPT  A,  vel  Scrip  tula,  or  bis  sena  puncta,  Cic,  Orat,  i, 

3T 


498  ROMAN  ANTIQUITIES. 

50-  Non.  Marcell-  ii.  781.  Quinctil.  xi.  2.  Martial,  xiv.  17, 
6n  a  square  table  (.tabula  vel  alveusJ,  divided  by  twelve 
lines,  (line^  vel  scriptaJ  ^  on  which  were  placed  counters, 
(CALCULI,  Lairones  v.  Latrunculi)^  of  different  colours. 
The  counters  were  moved  Cpromovebantur)  according  to 
throws  (boli  vtlj actus)  of  the  dice,  as  with  us  at  gammon- 
Tlie  lines  were  intersected  by  a  transverse  line,  called  Li- 
irEA  Sacra,  which  they  did  not  pass  without  being  forced 
to  it.  When  the  counters  had  got  to  the  last  line,  they  were 
said  to  be  incki  vel  immoti^  and  the  player  ad  incztast  vel  -a 
redactus,  reduced  to  extremity,  Plant.  Pcen.  iv.  2.  86.  Tririo 
11.  Ai.  136.  unam  calcem  non  posse  ciere^  \.  e.  unum  calculum, 
■movere^  not  to  be  able  to  stir,  Id-  In  this  game  there  was 
toom  both  for  chance  and  art,  Ter.  Ad.  iv-  7.  21.  Ovid.  Art, 
.4m.  ii.  203.  iii.  363.  yhtson»  Prof,  i-  25.  Martial,  vii.  71. 
xiv.  20. 

Some  exclude  the  tali  or  tesserce  from  this  game,  and 
inake  it  the  same  with  chess  among  us.  Perhaps  it  was  play- 
ed both  ways*  But  several  particulars  concerning  the  pri- 
vate games  of  the  Romans  are  not  ascertained. 

All  games  of  chance  were  called  ALE  A,  and  forbidden 
by  the  Cornelian^  Publician,  and  Titian  laws,  Horat.  Od* 
iii.  24.  58.  except  in  the  month  of  December,  Martial- \\\ 
14.  7.  V.  85.  xiv.  1.  These  laws,  however,  were  not  strict- 
ly observed.  Old  men  were  particularly  fond  of  such  games, 
-"as  not  requiring  bodily  exertion,  Cic-  Sen-  16.  Suet.  Aug. 
71.  Juvenal-  xiv-  4. 

The  character  of  gamesters  (ALEATORES,  vel  aleones) 
was  held  infamous,  Cic.  Cat.  ii.  10-  Plin.  ii.  27. 

Augustus  used  to  introduce  at  entertainments  a  kind 
of  diversion,  similar  to  what  we  call  a  lottery  ;  by  selling; 
tickets,  QortesJ^  or  sealed  tablets  apparently  equivalent,  a: 
an  equal  price  \  which,  wheii  opened  or  unsealed,  entitled 
the  purchasers  to  things  of  very  unequal  value,  (tesinequa- 
Hssim'O  :  as  for  instance,  one  to  100  gold  pieces,  another  to 
a  pick-tooth,  fdentiscalpium)^  a  third  to  a  purple  robe,  &c. 
m  like  manner,  pictures  with  the  wrong  side  turned  to  the 
company,  (aversas  tabularum  picturas  in  cotwivio  venditare 
iolebatjy  so  that,  for  the  same  price,  one  received  the  pic- 
ture of  an  Apelles,  of  a  Zeuxis,  or  a  Parrhasius,  and  another 


Rites  q/* Marriage,  499 

the  first  essay  of  a  learner,  Suet-  Aug.  75-  So  Heliogabalus, 
Lamprid.  in  vita  ejusy  21. 

There  was  a  game  of  chance,  (which  is  still  common  in 
Italy,  chiefly,  however,  among  the  vulgar,  called  the  game 
oi Morrd),  played  between  two  persons  by  suddenly  raising, 
or  compressing  the  fingers,  and  at  the  same  instant  guessing 
each  at  the  number  of  the  other ;  when  doing  thus,  they  were 
said  MicARE  dicitis,  Cic.  divin,  ii.  41.  Off.  iii.  23.  Suet^ 
Aug'  13.  As  the  number  of  fingers  stretched  out  could  not 
be  known  in  the  dark,  unless  those  who  played  had  implicit 
confidence  in  one  another  ;  hence  in  praising  the  virtue  and 
fidelity  of  a  man,  he  wassi^idtobe  Dicnus  q^uicuM  in* 
TENEBRis  MicEs,  CtC'  Off.  iii.  19.  Fitu  ii.  16.  s.  52. 

The  Romans  ended  their  repasts  in  the  same  manner 
they  began  them,  by  libations  and  prayers,  Ovid.  Fast.  ii. 
635.  The  guests  drank  to  the  health  of  their  host,  and,  un- 
der the  Caesars,  to  that  of  the  emperor.  Ibid,  et  Petron.  60» 
When  about  to  go  away,  they  sometimes  demanded  a  part- 
ing cup,  in  honour  of  Mercury,  that  he  might  grant  them  a 
sound  sleep.  Martial.  Delphin-  i-  72. 

The  master  of  the  house,  iheniSy  dominus^  parochus,  cosnx 
magister,  convivator,  Hot.  Sat.  ii.  8.  35.  Martial,  xii.  48- 
Gell.  xiii.  11)  used  to  give  the  guests  certain  presents  at 
their  departure,  called  Apophoreta,  Suet.  Aug.  75.  CaL 
55.  Vesp.  19.  Martial,  xiv.  1.  Petron.  60.  or  XENIA, 
which  were  sometimes  sent  to  them,  Plin.  Epist.  vi.  31. 
Vitruv.  vi.  10.  Martial,  xiii.  3.  Xenium  is  also  put  for  a 
present  sent  from  the  provinces  to  an  advocate  at  Rome, 
Flirt.  Ep.  V-  14.  or  given  to  the  governor  of  a  province,  Di- 
gest. 

The  presents  given  to  guests  being  of  different  kinds, 
were  sometimes  distributed  by  lot,  ATartial.  xiv.  1.  5. 
— 40.  144.  170-  or  by  some  ingenious  contrivance, /*<?/ro«. 
11. 

III.  ROMAN  RITES  OF  MARRIAGE. 

A  LEGAL  marriage  (Justiim  matrimomum)  among  the 
Romans  was  made  in  three  different  ways,  called  usits^ 
confarreatioy  and  coemptio- 
1.  USUS,  usagp  or  prescription,  was  when  a  woman,  with . 


600  ROMAN  ANTIQUITIES. 

the  consent  of  her  parents  or  guardians,  lived  with  a  man 
for  a  whole  year,  {matrimonii  causa)^  without  being  absent 
three  nights  ;  and  thus  became  his  lawful  wife  or  property 
by  prescription,  {usa  captafuit)^  Cell.  iii.  2.  If  absent  for 
tliree  nights,  ftnnoctium),  she  was  said  esse  usurpatUy  or 
isse  usurpatum^  sc.  suumjus^  to  have  interrupted  the  pre- 
scription, and  thus  prevented  a  marriage ;  Usurpatio  est 
cnim  usucapionis  interruption  Gell.  iii.  2.  D.  41.  3.  2.  See 
p.  59. 

2.  CONFARREATIO  was,  when  a  man  and  woman 
were  joined  in  marriage  by  the  Pontifex  Maximus,  or 
Flamen  Dialis,  in  presence  of  at  least  ten  witnesses,  by  a 
set  form  of  words,  and  bj'^  tasting  a  cake  made  of  salt,  wa- 
ter, and  flour,  called  FAR,  or  Panis  Farreus,  vel  Farre- 
um  libum  ;  which  was  offered  with  a  sheep  in  sacrifice  to 
the  gods,  Dionys-  ii.  25.  Serv.  adVirg,  G.  i.  31.  jEn-  iv. 
104.  Fiin.  xviii.  2. 

This  was  the  most  solemn  form  of  marriage,  and  could 
only  be  dissolved  by  another  kind  of  sacrifice,  called  DIF- 
FARRE ATIO,  Fcstus-  By  it,  a  woman  was  said  to  come 
into  the  possession  or  power  of  her  husband,  by  the  sacred 
laws,  {xxroi  vof^i  'iepm  kv^^i  o-vuxOciv,  in  manum,  i.  e.  potestatem 
viri  convenire).  She  thus  became  partner  of  all  his  sub- 
stance and  sacred  rites  ;  those  of  the  Penates  as  well  as  of 
the  Lares,  (See  p.  305.)  If  he  died  intestate,  and  without 
children,  she  inherited  his  whole  fortune  as  a  daughter.  If 
he  left  children,  she  had  an  equal  share  with  them.  If  she 
committed  any  fault,  the  husband  judged  of  it  in  company 
with  her  relations,  and  punished  her  at  pleasure,  Dionys.  ii. 
25.  Fiin.  xiv.  13.  Suet,  Tib.  35.  Tacit-  Ann-  xiii-  32.  The 
punishment  of  women  publicly  condemned,  was  sometimes 
also  left  to  their  relations,  Liv.  xxxix.  18.  Fal.  Max.  vi.  3. 
7- 

The  children  of  this  kind  of  marriage  were  called  PA- 
TRIMI  et  MATRIMI,  Set-v.  ibid,  often  employed  for 
particular  purposes  in  sacred  solemnities,  Liv-  xxxvii.  3- 
Cic.  Resp.  Har*  11.  Tacit.  Hist.  iv.  S"^.  Certain  priests 
were  chosen  only  from  among  them  ;  as  the  Flamen  of  Ju- 
piter, Tacit.  Amial.  iv,  16.  and  the  Vestal  Virgins,  Gel! 
\   12.    According  to -^^^fw,  those  were  so  called,  whocr 


Rites  o/'Marriace.  501 

parents  were  both  alive  :  if  only  the  father  was  alive,  Pa- 
trimiy  vel  -es  ;  if  only  the  mother,  Matn?ni,  vel  -es.  Hence 
Alinerva  is  called  Pa  trim  a  virgo,  Catull.  i.  9.  because 
she  had  no  mother ;  and  a  man  who  had  children,  while 
his  own  father  was  alive.  Pater  patrimus,  FestiiS' 

This  ceremony  of  marriage  in  later  times  fell  much  into 
disuse,  Tacit.  Annal.'iY.  16.  Hence  Cicero  mentions  on- 
ly two  kinds  of  marriage,  Ususand  coEMPTio,/jr^  Flacc. 
34- 

3.  COEMPTIO  was  a  kind  of  mutual  purchase,  (emp- 
tio  venditio),  when  a  man  and  woman  were  married,  by  de- 
livering to  one  another  a  small  piece  of  money,  and  repeat- 
ing certain  words,  Cic.  Oral.  i.  57.  The  man  asked  the 
woman,  if  she  was  willing  to  be  the  mistress  of  his  family, 
A>rsiBi  mater  familias  esse  vellet?  Sheanswered, 
That  she  was,  se  velle.  In  the  same  manner,  the  wo- 
man asked  the  man,  and  he  made  a  similar  answer,  Boeth  in 
Cic.  Topic.  3. 

The  effects  of  this  rite  were  the  same  as  of  the  former. 
The  woman  was  to  the  husband  in  the  place  of  a  daughter ; 
and  he  to  her  as  a  father,  Serv.  in  Firg.  G.  i.  51.  She  as- 
sumed his  name,  together  with  her  own  ;  as,  Antonia  Dru- 
si^  Domitia  Bibuii,  &c.  She  resigned  to  him  all  her  goods, 
Ter.  Amir.  i.  5.  61.  Cic.  Top.  iv.  and  acknowledged  him 
as  her  lord  and  master,  (Dominus),  Firg- jEti,  iv.  103* 
214.  The  goods  which  a  woman  brought  to  her  husband 
besides  her  portion,  were  called  PARAPHERNA,  -arum, 
or  bona  paraphernalia.  In  the  first  days  of  the  republic,  dow- 
ries were  very  small ;  that  given  by  the  senate  to  the  daugh- 
ter of  Scipio  was  only  11,000  asses  of  brass,  L.  55  :  10: 
5,  sterling  ;  and  one  Megullia  was  sirnamed  Dot  at  a,  or 
the  great  fortune,  because  she  had  50,000  asses^  i.  e.  L.  161 : 
7:  6,  sterling ;  Fal.  Max.  iv.  4.  10.  But  afterwards  upon 
the  increase  of  wealth,  the  marriage-portions  of  women  be- 
came greater,  Decies  centena.,  sc.  sestertia.,  L.  8072  :  18  :  4, 
sterling  ;  Martial  ii.  65.  5.  xi.  24.  3.  Juvenal-  vi.  136.  the 
usual  portion  of  a  lady  of  Senatorian  rank,  Juvenal,  x. 
355.  Some  had  ducenties,  L.  161,458,  6s.  8d.  sterling ; 
Martial-  v.  38.  34. 

Sometimes  the  wife  reserved  to  her.self  (rrcfpzV,  Cic  Orat. 


502  ROMAN  ANTIQUITIES. 

ii.  55.  Topic*  26*  vel  excepity  i*  e«  in  usum  suum  rcservavit] 
a  part  of  the  dowry  ;  hence  called  Dos  recepticia,  DI- 
GEST, and  a  slave,  who  was  not  subject  to  the  power  of  her 
husband,  Servus  recepticius,  Gell.  xvii^  6»  or  dota» 
LIS,  Plaut.  Asin.  i.  \*  72. 

Some  think  that  coemptio  was  used  as  an  accessory  rite  to 
confarreatio,  and  retained  when  the  primary  rite  was  dropt ; 
from  CiC'  Place.  34. 

The  rite  of  purchase  in  marriage  was  not  peculiar  to  the 
Romans ;  but  prevailed  also  among  other  nations ;  as  the 
Hebrews,  Gen-  xxix.  18.  1  Sam.  xviii.  25.  the  Thracians, 
Xcnoph'  Artab.  vii.  Herodot'  Terpsich.  init.  the  Greeks,  Eu' 
rip.  Med.  232.  the  Germans,  Tacit,  de  Mor.  G  18-  &c.  the 
Cantabri  in  Spain,  Strab-  iii.  165.  So  in  the  days  of  Ho- 
mer,  Odyss.  viii.  317.  to  which  Virgil  alludes,  G.  i.  31- 

Some  say,  that  a  yoke  ijugum),  used  anciently  to  be  put 
on  a  man  and  woman  about  to  be  married ;  whence  they 
were  called  conjuges,  Serv-  in  Fir g:  JEn.  iv.  16.  But 
others  think  this  expression  merely  metaphorical ;  as,  Horat. 
Od.  ii.  5.  Plant'  Curc^  i-  1-  50. 

A  matrimonial  union  betwixt  slaves  was  called  CONTU- 
BERNIUM;  the  slaves  themselves  Cowtubernales, 
(See.  p-  50.)  or  when  a  free  man  lived  with  a  woman  not  mar- 
ried, CoNCUBiNATus),  Suct.  Vcsp.  3.  in  which  case,  the 
woman  was  called  Concubina,  Cic-  de  Orat.  i.  40.  Pel- 
LACA,  Suet.  Fesp.  21.  or  Pellex,  quiS  propria  fuit  ejus., 
qui  uxore7n  haberet^  Festus,  Plaut«  Rud*  v.  4.  3.  Gell.  iv.  3. 
thus,  Pellex  REGiN^,  Suet.  C(ffS'  49.  Fili^e,  Cic  Clu- 
cnt.  70.  Juvenal'  ii.  57-  Sororis,  Ovid.  Met.  vi.  537-  Episi^ 
9.  132.  Jovis,  i.  e«  lo,  ib-  xiv.  95.  et  alibi  passim. 

Married  women  were  called  MAXRONi^,  or  matresfami- 
IzaSy  Gell.  xviii*  6.  opposed  to  meretrices,  prostitut<e,  scorta, 
&c. 

There  could  be  no  just  or  legal  marriage  (NUPTIiE,^^/^- 
tum  matrimonium^  connubium,  conjugium,  vel  co?isortium, 
i.  e.  eadetn  fortuna  aut  conditio^  for  better,  for  worse),  un- 
less between  Roman  citizens ;  Non  eratcumexterno 
coNNUBiUM,  Senec.  Ben.  iv.  35.  without  a  particular  per- 
mission for  that  purpose,  obtained  first  from  the  people  or 
Senate,  and  afterwards  from  the  Emperors,  Liv-  xxxviii. 


Rites  o/'Marriage.  50^ 

36.  Ulpian,  Fragm.  v.  4-  Conjuge  barbara  turpis  maritufi 
vixity  Horat.  Od.  iii.  5.  5*  Anciently,  a  Roman  citizen  was 
not  allowed  to  marry  even  a  freed-woman,  Liv.  xxxix.  19. 
hence  Antony  is  reproached  by  Cicero  for  having  married 
fulvia,  the  daughter  of  a  freed-man,  Fliri'  ii.  2.  iii.  6.  as  he 
afterwtJrds  was  detested  at  Rome  for  marrying  Cleopatra^  a 
foreigner,  before  he  divorced  Octavia.  But  this  was  not  es- 
teemed a  legal  marriage,  Plutarch,  in  Antori' 

BytheLExPAPiA  Popp^a,  a  greater  freedom  was  al- 
lowed. Only  senators  and  their  sons  and  grandsons  were 
forbidden  to  marry  a  freed-woman,  an  actress,  or  the  daugh- 
ter of  an  actor,  Dio,  liv.  16.  But  it  was  not  till  Caracalla 
had  granted  the  right  of  citizenship  to  the  inhabitants  of  the 
whole  empire,  that  Romans  were  permitted  freely  to  inter- 
marry with  foreigners* 

The  Romans  sometimes  prohibited  intermarriages  be- 
tween neighbouring  districts  of  the  same  country,  Liv.  viiiJ 
14.  ix-  43.  xlv.  29.  and  what  is  still  more  surprising,  the 
Slates  of  Italy  were  not  allowed  to  speak  the  Latin  language 
in  public,  nor  their  criers  to  use  it  in  auctions,  without  per- 
mission, Liv.  xl-  42. 

The  children  of  a  Roman  citizen,  whether  man  or  woman, 
and  a  foreigner,  were  accounted  spurious,  and  their  condi- 
tion little  better  than  that  of  slaves,  LAv.  xliii.  3.  They  were 
called  HYBRID/E  or  Ibrid<e,  vel  -des,  Horat.  Sat.  i.  7-  2. 
Suet.  Aug.  19.  the  general  name  of  animals  of  amixed  breed, 
or  produced  by  animals  of  a  different  species,  mongrels^  {ani- 
inalia  ambigena,  vt\  bigenera,  musimones^  Umbri^  &c.)  as  a 
mule,  from  a  horse  and  an  ass  ;  a  dog  from  a  hound  and  a 
cur,  icanis  ex  venatico  et  gregario)^  Plin.  viii.  5.  hence  ap- 
plied to  those  sprung  from  parents  of  different  nations,  Hirt. 
de  Bell.  Afr- 19.  Martial,  vi.  39.  viii*  22.  and  to  words  com- 
pounded from  different  languages- 

The  children  of  a  lawful  marriage  were  called  LEGITI- 
MI ;  all  others  illegitimi.  Of  the  latter,  there  were  four 
kinds:  Naturales,  ex  concubina ;  Spurii,  exmeretricc 
vel  scorto  et  incerto patre  ;  Plutarch.  Q.  Rom.  101.  Adul- 
TERiNietiNCESTuosi.  Tlicrc  were  certain  degrees  of  con  -. 
sanguinity,  within  which  marriage  was  prohibited,  as  be- 
tween a  brother  and  sister  •,  an  uncle  and  nio^e.  Jk*".     Such 


504  ROMAN  ANTIQUITIES. 

connexion  was  called  INCESTUS,  -usy  vel  -wwz,  Suet.  CL 
26«  Ner-  5.  Tacit.  Ann.  xii.  4.  5.  &  8.  or  with  a  Vestal  Vir- 
gin, Suet.  Domit'  8.  These  degrees  were  more  or  less  ex- 
tended, or  contracted  at  different  times,  Plutarch.  Quest. 
Horn-  6.  Tacit.  Ann.  xii.  6.  7.  Liv.  i.  42,  &  46'  xlii.  34. 
Suet'  Aug.  63.  Ciaud.  26- 

Polygamy,  or  a  plurality  of  wives,  was  forbidden  among 
the  Romans,  Suet-  Jul.  52.  Cic.  de  Orat.  i«  40- 

The  age  of  puberty  or  marriage  was  from  fourteen  for 
men,  and  twelve  for  girls,  Festus. 

A  custom  prevailed  of  espousing  infants  to  avoid  the  pe- 
nalties of  the  law  against  bachelors.  But  Augustus  or- 
dained, that  no  nuptial  engagement  should  be  valid,  which 
was  made  more  than  two  years  before  the  celebration  of  the 
marriage ;  that  is,  below  ten,  Dio.  liv.  16.  Ivi.  7.  Suet. 
Aug.  34.  This,  however,  was  not  always  observed,  /. 
17-  Digest,  xxiii.  tit.  i-  de  Sponsal. 

No  young  man  or  woman  was  allowed  to  marry  without 
the  consent  of  their  parents  or  guardians,  Cic.  Flacc.  "^S. 
Hence  a  father  was  said  spondere^  vel  despondere  filiam  aut 
Jilium,  Cic.  Att.  i.  3.  Ter.  And.  i.  1.  75-  Tacit.  Agric-  9. 
adding  these  words,  Qu^  res  recte  vertat;  or  Dii 
BENE  vERTANT,  Pluut-  Aul.  \\.  2.  41.  &  49.  ii.  3.  4. 

T'lere  was  a  meeting  of  friends  usually  at  the  house  of  the 
woman's  father,  or  nearest  relation,  to  settle  the  articles  of 
marriage-contract,  which  was  written  on  tables,  {legitime 
tabella),and  sealed,  Juvenal,  ii.  119.  vi.  25.  &  199.  x.  336- 
This  contract  was  called  SPONSALIA,  -orum,  vel  -ium^ 
espousals;  the  man  who  was  betrothed  or  affianced,  SPON- 
SUS;  and  the  woman  SPONSA,  Gell.  iv.  4.  Suet.  Aug. 
53.  CI.  12.  or  PACTA,  Flaut.  Pmi.  v.  3.  38.  Trin.  ii.  4. 
99.  as  before,  SPERATA,  Id.  Amphit.  ii.  2.   44.  and 
SPERATUS,  Ovid.  Ep-  xi.  prope  Jinem.    The  contract 
was  made  in  the  form  of  a  stipulation;  An   spondes? 
Spondeo.  Then  likewise  the  dowry  was  promised,  Plaut. 
Trin.  V-  2'  34.  Terent.  And.  v.  4.  47.  to  be  paid  down  on 
the  mamage-day,  Suet.  CI-  26.  Juvenal,  x.  335-  or  after- 
wards usually  at  tliree  separate  payments,  Ctribus  pensioni- 
iusJi  Cic.  Att-  xi-  4.  23.  ts?  ult.    On  this  occasion,  there 
was  commonly  a  feast ;  and  the  man  gave  the  woman  a 


Rites  (/Marriage.  505 

ring,  antiulus  pronuhus),  by  way  of  pledge,  Juvenal,  vl.  27. 
which  ?>he  put  on  iicr  Iclt  hand,  on  the  finger  next  the  least ; 
because  it  was  believed,  a  nerve  reached  from  thence  to  the 
heart,  il/(/tTo^.  vii.  15. 

Then  also  a  day  was  fixed  for  the  marriage,  Ter-  And.  i, 
.1.  75.  Certain  days  were  reckoned  unfortunate  ;  as  the  Ka- 
lends, Nones,  and  Ides,  and  the  days  which  followed  them, 
particularly  the  whole  month  of  May,  Mense  malum  ma- 
jo   NUBERE   VULGUS  AIT,   Ovid.    FciSC.  V.    490.    Plutcirclh 

Q.  Rnni'  85«  and  those  days  which  were  called  Atri, 
marked  in  the  kalendar  with  black  ;  also  certain  festivals, 
as  that  of  the  Saliu  ParentaUa^  ^c-  Macrob-  Sat  i-  15. 
But  widows  might  marry  on  those  days,  ibid.  PluU  Q«  Rom- 
103. 

The  most  fortunate  time  was,  the  middle  of  the  month 
of  June,  Ovid.  Fast.  vi.  221.  Plutarch.  Ibid. 

If  after  the  espousals  either  of  the  parties  wished  to  re- 
tract, fsponsalia  dissolverejnjirmare,  vel  infringer e)^  which 
they  expressed  thus,  Con D IT loisTE  Tu A  non  UTOR,itwas 
called  REPUDIUM.  Hence,  Repudiatus  repetor,  after 
being  rejected,  I  am  sought  back,  Ter.  And.  i.  5.  15.  and 
when  a  man  or  woman,  after  signing  the  contract,  sent  no- 
tice that  they  wished  to  break  off  the  match,  they  were  said 
Repudium  ei  vel  atnicis  ejus  mittere.,  remitterey  vel  renunci- 
are,  Ter.  Phorm.  iv.  3-  72.  v.  6.  35.  Plant  Aid.  iv.  10.  69. 
But  Repudiare  also  signifies,  to  divorce  either  a  wife,  Suet, 
des.  1.  or  a  husband,  Qiiijictil-  vii.  8.  2. 

On  the  wedding-day,  the  bride  was  dressed  in  a  long 
white  robe  bordered  with  a  purple  fringe,  or  embroidered 
rib.inds,  isegmenta  et  longi  habitus,  Juvenal. ii-  124.)thought 
to  be  the  same  with  tunica  recta,  Plin.  viii.  48.  bouni 
with  a  girdle,  Lucan.  ii.  3G2.  made  of  wool,  (ZONA  v 
cingulum  laneum),  tied  in  a  knot,  called  iwdus  Herculeus^ 
which  the  husband  untied  Csolvebat),  Ovid.  Ep.  ii-  116, 
Fcstus.  Her  face  was  covered  (NUBEBATUR)  with  a 
red  or  flume- coloured  \d\,  Cluteum  FLAMMEUM),  vei 
-w^to  denote  her  modesty,  Lucan.  ii.  361.  Juvenal,  ii.  124, 
vi.  224.  et  Schol.  in  loc.  x-  354.  Martial  xii.  42.  Plin.  xxi. 
8.  herice  Nub  ere,  sc.  se  viro,  to  marry  a  husband;  dare^ 
\q\  collocore  ft  ham  nuptum  v-niitta.  i.  e.  in  mafrbnoniur^ 

3  U         • 


506  UaMAN  ANTIQUITIES. 

dare,  to  marry  a  daughter,  or  dispose  of  her  in  marriage' 
Her  hair  was  divided  into  six  locks  with  the  point  of  a  spear, 
Plut.  in  Romul.  et  Quadst-  86.  vel  87.  Ovid.  Fast.  ii.  560. 
and  crowned  with  flowers,  Catul-  lix.  6-  Her  shoes  were  of 
the  same  colour  with  her  veil,  Qutei  socci),  Catull.  lix. 
10.  Plaut.  Cas.  prol.  89.  Cic.  Cluent.  5-  Divin.  i.  16. 
Liv.  xlii.  12.  Suet.  CI.  26»  Tacit-  Ann.  xi.  27-  Val.  Max. 
ix.  1. 

No  marriage  was  celebrated  without  consulting  the  aus- 
pices,///r.  X.  336.  Cic.  div-  i.  16.  Cluent.  5-  &  16.  Plaut. 
CaS'  prol.  86.  Suet-  Claud.  26.  Tacit,  Anri'  xi.  27.  Lucan* 
ii.  371.  and  offering  sacrifices  to  the  gods,  especially  to  Ju= 
no,  the  goddess  of  marriage,  Virg.  jEn.  iv.  59.  Anciently  a 
hog  was  sacrificed,  Farro  E.  R.  ii.  4.  The  gall  of  the  victim 
was  always  taken  out,  and  throv.n  away,  to  signify  the  re- 
moval of  all  bitterness  from  marriage,  Plutarch,  pr^cep, 
eonjug.  The  man-iage-ceremony  was  performed  at  the  house 
of  the  bride's  father,  or  nearest  relation.  In  the  evening,  the 
bride  was  conducted  (DUCEBATUR  vel  deducebatur)  to 
her  husband's  house.  She  was  taken  apparently  by  force 
iabripiebatur)  from  the  arms  of  her  mother  or  nearest  rela- 
tion, in  memory  of  the  violence  used  to  the  Sabine  women- 
Three  boys,  whose  parents  were  alive,  attended  her ;  two  of 
them,  supporting  her  by  the  arm,  and  the  third  bearing  a 
flambeau  of  pine  or  thorn  before,  ( T^da  pinea  vel  spinea)^ 
Festus  ;  Catull.  hx.  15.  Plin.  xvi.  18.  Propert.  iv.  12.  46. 
There  were  five  other  torches  carried  before  her,  (called 
Faces  Nuptiales,  Cic.  Cluent-  6.  MARiTiS,  Ovid.  Ep. 
xi.  101.  LEGiTiMiE,  Lucan.  ii.  3560  Plutarch,  q.  Rom.  2. 
Hence  T^d  a  is  put  for  marriage,  Firg-  jEn.  iv.  18.  Ovid, 
Met'  iv.  60. 

Maid-servants  followed  with  a  distaff,  a  spindle  and  wool  ; 
{colus  cornpta,  etfusus  cum  stamine'),  intimating,  that  she 
was  to  labour  at  spinning,  ns  the  Roman  matrons  did  of  old, 
Plin-  viii.  48-  s.  74.  Ovid.  Fast.  ii.  741.  Liv.  i  51-  and  some 
of  the  most  illustrious  in  latter  times.  Augustus  is  said  to 
have  seldom  worn  any  thing  but  the  manufacture  of  his  wife, 
sister,  daughter,  and  nieces,  at  least  for  his  do  mestic  robe, 
Suet <  Aug.  73. 

A  boy  named  CAMILLUS,  carried  in  a  covered  vase. 


I 


Rites  <?/' Marriage."  /l^O? 

culled  Cum E RUM,  vel  a,  the  bride's  utensils,  (nubentis, 
UTENSiLi  A  J,  Festus  /  iuid  play-things  for  children,  (Cre- 
pundia),  Plant.  Cist.  iii.  1.  5.  Rtid-\v.4.  110. 

A  great  number  of  relations  and  friends  attended  the  nup- 
tial procession,  {pompam  riicptialem  ducebant)^  which  was 
called  OFFICIUM,  Juvenal-  ii.  132.  vi-  202.  Suet.  Cai 
25.  Claud.  26.  AVr-  28.  Hence  DUCERE  uxorem,  sc.  do- 
mum^  to  marry  a  wife-  The  boys  repeated  jests  and  raille- 
ries {sales  et  convicia)  as  she  passed  along,  Lucan.  ii.  369. 
Festus.  Catull.  lix.  127- 

The  door  and  door-posts  of  the  bridegroom's  house  were 
adorned  with  leaves  and  flowers,  and  the  rooms  with  tapes- 
try, Juvenal,  vi-  51.  79.  &  226. 

When  the  bride  came  thither,  being  asked  who  she  was, 
she  answered,  Ubi  tu  Caius,  ibi  ego  Caia,  i.  e.  Ubitu 
Dominus  et  paterfamilias^  ibi  ego  Domina  et  mater famihas. 
A  new  married  woman  was  called  CAIA,  from  Caia  C<^ci- 
Via  or  Tanaquil,  the  wife  of  Tarquinius  Priscus,  who  is  said 
to  have  been  an  excellent  spinster  Uanajica)  and  house- 
wife, Cic- Mur.  12.  Quinctil.  i-  7.  Festus-  Her  distaff  and 
spindle  were  kept  in  the  temple  of  Sangus  or  Hercules,  Pliny 
viii.  48.  s.  74. 

The  bride  bound  the  door-posts  of  her  husband  with 
woollen  fillets,  Plin-  xxix.  2.  s-  9.  Lucan.  ii.  355*  Sei'v.  in 
Virg.  JjEn.  IV'  458.  and  anointed  (ungebatj  them  with  the 
fat  of  swine  or  wolves,  to  avert  fascination  or  enchantments  ; 
whence  she  was  called  UXOR,  quasi  Unxor,  Serv.  ibid. 
Plin.  xxviii.  9. 

She  was  lifted  over  the  threshold,  Lucan.  ibid.  Plutarch 
in  Romul  et  qu«st.  Rom.  29-  or  gently  stepped  over  it, 
Plant.  Cos-  iv,  4.  1.  It  was  thought  ominous,  to  touch  it 
with  her  feet,  because  the  threshold  was  sacred  to  Vesta,  the 
goddess  of  virgins,  Serv.  in  Firg.  Fcl.  viii.  29. 

Upon  her  entry,  the  keys  of  the  house  were  delivered  to 
her,  to  denote  her  being  entrusted  with  the  management  of 
the  family,  Festus.  A  sheep's  skin  was  spread  below  her  ; 
intimating  that  she  was  to  work  at  the  spinning  of  wool, 
Plutarch,  quest.  Rom.  31.  Both  she  and  her  husband  touch- 
ed fire  and  water  ;  because  all  things  were  supposed  to  be 
produced  from  these  two  elements,  Plutarch,  n-  Rom,  1., 


508  KOMAN  ANTIQUITIES. 

Vnrro.  de  L-  L.  iv.  10.  Ovid.  Fast.  iv.  792.  Art  Am.  ii.  598- 
with  the  water  they  bathed  their  feet,  Serv.  in  Firg,  jEn, 
iv.  167. 

The  husband  on  this  occasion,  gave  a  feast  (CCENA 
NUPTIALIS)  to  his  relations  and  friends,  and  those  of  the 
bride  and  her  attendants,  Flaut.  Cure.  v.  2.  62.  Suet.  CaL 
25.  Juvenal,  vi.  20 i. 

Musicians  attended,  who  sang  the  nuptial  song,  (EPI- 
THALAMIUM,)  HvMENiEus  vel  -urn,  vel  Tiialassio, 
Martial,  iii.  93.  25.  Catull-6l.  Ter.  Adelph.  v-  7'  7.  Stat. 
Sylv.  U'  7-  87.  They  often  repeated,  lo  Hymen  Hyme=» 
N^E,  Plaut-  Cas.  iv.  3-  and  Thalassio,  Martial,  i.  36.  6» 
from  Hymen  the  god  of  marriage  among  the  Greeks  ;  and 
Thalassus  among  the  Romans,  ibid.  Martiah  xiii.  42-  5, 
or  from  one  Talassius^  who  lived  in  great  happiness  with 
his  wife,  Festusy  Liv.  i.  9-  as  if  to  wish  the  new-married 
couple  the  like  felicity,  Plutarch,  in  Pomp,  (or  from  raxcco-id, 
lanijicujn,  Plutarch,  in  RomuioO  These  words  used  also 
to  be  resounded  by  the  attendants  of  the  bride  on  the  way 
to  her  husband's  house.  Martial,  ibid'  Ovid'  Ep.  xii.  143. 
xiv.  27-  Hence  Hymenaos  canere^  to  sing  the  nuptial  song, 
Virg.  JEiU.  vii.  398-  vel  Hymen<^a,  sc*  carmina,  Ovid.  Art. 
Am.  ..563.  Hymen&i  inconcessi,  forbidden  nuptials,  Fir^*. 
1.  Mn.  651.  vetiti,  vi.  623. 

After  supper,  the  bride  was  conducted  to  her  bed-cham- 
ber (in  thalamumj  by  matrons,  who  had  been  married  only 
to  one  husband,  called  Pronuba,  Festus  ;  and  laid  {collaca- 
hatur)  in  the  nuptial  couch,  ilactus  genialis),  which  was 
magnificently  adorned,  Catull.  lix.  188.  and  placed  in  the 
hall,  {in  atrio  vel  aida^  Horat.  Ep.  i.  1.  87.)  opposite  {adver- 
sus)  to  the  door,  and  covered  with  flowers,  Cic-  Cluent  5. 
Catull.  lix.  192.  Donat.  in  Ter.  Eun.  iii  5.  45-  Juvenal,  x. 
334.  Tacit'  Ann-  xv-  37.  Propert.  iv.  11.  81-  Gell.  xvi.  9. 
sometimes  in  the  garden, /z/r^/2<?/.  x.  334.  If  it  had  ever 
been  used  for  that  purpose  before,  the  place  of  it  was  chang- 
ed, Prepert.  iv.  12-  85.  iv.  9.  59.  There  were  images  of  cer- 
tain divinities  around,  Subigus,  Pertunda,  Sec  Arnob. 
iv.  Augustin.  de  civ.  Dei,  vi.  9.  Nuptial  songs  w^re  sung 
by  yoimg  women  before  the  door  till  midnight,  Ovid.  Fast. 
iii.  675.  695.  hence  called  Epithalamia.    The  husband 


Rites  o/ Marriage."  509 

scattered  nuts  among  the  boys,  Plin-  xv-  22.  Serv.  in  Firg. 
Eel'  viii.  30.  Catull.  lix.  131.  intimating,  that  he  dropt  boy- 
ish amusements,  and  thenceforth  was  to  act  as  a  man.  Hence 
nuces  reiinquere^  to  leave  trifles,  and  mind  serious  business* 
Pers-  i.  10.  or  from  boys  phiying  with  nuts  in  the  time  of  the 
Saturnalia,  Suet*  Aug.  83.  Marti'il-  v.  85.  xiv.  1-  12.  which 
at  other  times  was  forbidden,  ib.  18.  Young  women,  when 
they  married,  consecrated  their  play-thir.gs  and  dolls  or  ba- 
bies (PUP.'li)  to  Venus,  Pers.  ii.  70.  The  guests  were  dis- 
missed with  small  presents,  (JpophcrataJ,  Martial,  xiv-  h 
Juvenal,  vi.  202.  -      ■  f 

Next  day  another  entertainment  Avas  given  by  the  hus- 
band, called  REPOTIA,  -omm,  Festus,  Horat.  Sat.  ii-  2- 
60.  when  presents  were  sent  to  the  bride  by  her  friends  and 
relations  ;  and  she  began  to  act  as  mistress  of  the  family,  by 
performing  sacred  rites,  Macrob.  Sat.  i-  15. 

A  woman  after  marriage  retained  her  former  name ;  as 
Julia,  Tullia,  Octavia,  Paulla,  Valeria^  Sec.  joined  to  that  of 
her  hush  and  ;  as  Catonis  Marci  a,  Lucan.  ii.  344.  Julia 
Pompeii^  Terentia  Ciceronis^  Livia  Augusti,  &c. 

Divorce,  (DI V  ORTIUM),  or  a  right  to  dissolve  the  mar- 
riage, was  by  the  law  of  Romulus  permitted  to  the  husband, 
but  not  to  the  wife,  Plutarch-  in  Bomulo  ;  as  by  the  Jewish 
law,  Deuter.  xxiv.  1.  not  however  vvithout  a  just  cause, 
Festus  in  SONTiCUM.  A  groundless  or  unjust  divorce 
was  punished  with  the  loss  of  effects ;  of  which  one  half  fell 
to  the  wife,  and  the  other  was  consecrated  to  Ceres,  Plu- 
tarch, ibid' 

A  man  might  divorce  his  wife,  if  she  had  violated  the  con- 
jugal faith,  used  poison  to  destroy  his  offspring,  or  brought 
upon  him  supposititious  children  ;  if  she  had  counterfeited 
his  private  keys,  or  even  drunk  wine  without  his  knowledge, 
Plutarch,  ibid.  Gell.  x- 23.  Plin.  xiv.  12.  In  these  cases, 
the  husband  judged  together  with  his  wife's  relations,  Dio- 
nys'  ii«  25.  This  law  is  supposed  to  have  been  copied  into 
the  twelve  tables,  Cic.  Phil,  ii-  28- 

Although  the  laws  allowed  husbands  the  liberty  of  divorce, 
there  was  no  instance  of  its  being  exercised  for  about  520 
years.  Sp.  Carvelius  Ruga  was  the  first  who  divorced  his 
wife,  altliough  fond  of  iier,  because  she  had  no  chikiren,  on 


510  ROMAN  ANTIQUITIES. 

account  of  the  oath  he  had  been  forced  to  take  by  the  cen- 
sors, in  common  with  the  other  citizens,  uxorem  se  liherum 
quce  rendorum  gratia  hahiturum^  that  he  would  marry  ro  have 
children,  GelL  iv.  3-  Val  Max.  \v  1.  A-  Dionys'  ii.  25. 

Afterwards  divorces  became  very  frequent ;  not  only  for 
important  reasons.  Suet.  Aug.  62.  Claud.  26.  Ner.  35.  but 
often  on  the  most  frivolous  pretexts,  Fal'  Max-  vi.  3.  1 1.  Sc 
\2-  Dioy  46.  18.  Plutarch'  in  />•  Paullo  et  Ciceron*  Juvenal- 
vi'  147.  Ccesar  when  he  divorced  Pompeia  the  niece  of  Syl- 
la,  because  Clodius  had  got  admission  to  his  house  in  the 
garb  of  a  music-girl,  at  the  celebration  of  the  sacred  rites  of 
the  Bona  Dea^  Cic  Sext.  34-  declared  that  he  did  not  believe 
any  tiling  that  was  said  against  her  ;  but  that  he  could  not 
live  with  a  wife  who  had  once  been  suspected,  Dio,  37-  45" 
Suet-  C^ts.  6-  Cic  Att'  \-  12» 

If  a  wife  was  guilty  of  infidelity,  she  foi*feited  her  dowiy, 
Val-  Max-  viii.  2.  3.  but  if  the  divorce  was  made  without 
any  fault  of  hers,  the  dowry  was  restored  to  her.  When  the 
separation  was  voluntary  on  both  sides,  {cum  bona  gra=. 
TiA  a  se  invicem  discedebat) ^  she  sometimes  also  retained 
the  nuptial  presents  of  her  husband,  Ovid-  de  Rem-  Am-  669. 

In  the  later  ages  of  the  Republic,  the  same  liberty  of  di- 
vorce was  exercised  by  the  women  as  by  the  men.  Some 
think  that  right  was  granted  to  tliem  by  the  law  of  the  twelve 
tables,  in  imitation  of  the  Athenians,  Plutarch-  in  Alcibiade* 
This,  however,  seems  not  to  have  been  the  case :  for  it  ap- 
pears, they  did  not  enjoy  it  even  in  the  time  of  Plautus,il/<?r-. 
cat-  iv.  6 .  only  if  a  man  was  absent  for  a  certain  time,  his 
wife  seems  to  have  been  at  liberty  to  marry  another,  Plaut- 
Stich,  i.  1.  29.  Afterwards  some  women  deserted  their  hus- 
bands so  frequently,  and  with  so  little  shame,  that  Seneca 
says,  they  reckoned  their  years  not  from  the  number  of  Con- 
suls, but  of  husbands,  de  bene/,  m-  16.  So  Juvenal.  Fi- 
unt  octo  mariti  quinque  per  autwnnos,  vi.  228-  Martial- 
vi.  7*  often  without  anj^  just  cause,  Cic.  Fam.  viii-  1-  But 
a  freed  woman,  if  married  to  her  patron,  was  not  permitted 
to  divorce  him,  (^ei  repudiu?n  mittere-') 

Augustus  is  said  to  have  restricted  this  licence  of  bona 
GRATIA  divorces,  as  they  were  called,  Suet-  Aug.  34-  and 
likewise  Domitian.  They  still  however  prevailed,  ahhough 


Rites  o/' Marriage*  Bl\ 

the  women  who  made  them  were  by  no  means  respectable, 
Q//.f  nudit  totiest  non  nubit,  adultera  lege  est,  Mnrtial.  vi.  7- 

The  man  was  said  «tot£ux«v,  diniittere  tixorem  ;  and  the 
woman  uxoxurrut^  relinquere  vel  desererevirum:  both  Facere 
divorthim  cum  uxore  vel  viro,  a  viro,  vel  ad  uxore,  Cic. 
Fam.  viii.  7.  D-  24.  3.  34. 

A  divorce  anciently  was  made  with  different  ceremonies 
according  to  the  manner  in  which  the  marriage  had  been  ce- 
lebrated. 

A  marriage  contracted  by  confarreatio,  was  dissolved  by  a 
sacrifice  called  DIFFARREATIO,  Festus  ;  which  was 
still  in  use  in  the  time  of  Plutarch,  when  a  separation  {disci' 
diumj  took  place  betwixt  the  Flamen  of  Jupiter  and  his  wife, 
C FlaminicaJ ,  Quiest-  Rom. 

A  marriage  contracted  by  coemptio,  was  dissolved  by  a 
kind  oi  release,  called  REMANCIPATIO,  Id.  In  this 
manner,  Cato  is  supposed  to  have  voluntarily  given  away 
his  wife  Marcia  to  Hortensius,  Plutarch,  in  Cat.  and  Tibe- 
rius Nero,  his  wife  Livia  to  Augustus,  even  when  pregnant, 
Tacit.  Ann.  v.  1.  Dio.  48.  44.  Veil.  II.  94. 

In  latter  times,  a  divorce  was  made  with  fewer  ceremonies; 
in  presence  of  seven  witnesses,  the  marriage- contract  was 
torn,  ( Tabulx  miptiales  vel  dotales  frangebantur),  Tacit» 
Ann.  xi.  3vO.  Juvenal,  ix-  75.  the  keys  were  taken  fromi  the 
wife,  iclaves  adimebantur),  Cic-  Phil-  ii.  28.  then  certain 
words  were  pronounced  by  a  freed-man,  or  by  the  husband 
himself,  Res  tuas  tibi  haee  vcI-eto  ;  Tuas  res  tibi 

AGITO  ;    Exi,  EXI  OCYUS  ;  VaDE  FORAS  ;    I  50RAS,  MU- 

LiER  ;  CEDE  DOMO,  Plaut.  Ca^in-  ii.  2.  35.  Cic»  de  Orat, 
i.  40-  Plaut.  Amph.  iii-  2.  47.  Ovid-  Ep.  xii.  134.  Juv.  vi> 
145.  Mart'  x.  42.  xi-  105-  /.  2-  &  9.  D.  de  divort.  Hence 
Exigereforas,  vel  ejicere,  to  divorce,  Cic'  Phil,  ii-  28. 

If  the  husband  was  absent,  he  sent  his  wife  a  bill  of  divorce 
inuncium  rcmittebatj ,  Cic.  Att-  i.  lOt  on  which  similar 
words  were  inscribed.  This  was  called  matrimonii  re  nun- 

CIATIO. 

If  the  divorce  was  made  without  the  fault  of  the  wife,  her 
whole  portion  was  restored  to  her  ;  sometimes  all  at  once, 
but  usually  by  three  different  pay ments>  Ck,  Att.  zd^A-  23 > 
25. 


S12  ROMAN  ANTIQUITIES. 

There  was  sometimes  an  action,  (actio  mal^e  traC^ 
TATi Claris),  to  determine  by  whose  fault  the  divorce  was 
made,  Cic.  Top.  4.  Qu'mctil,  vii*  3.  declam*  viii.  18.  383» 
When  the  divorce  was  made  by  the  wife,  she  s<iid,  V a  le- 
as ;  TIBI  HABEAS  TUAS    RES    :    REDDAS    MEAS  ;     Plout- 

Amph.  iii.  2.  47. 

Divorces  were  recorded  in  the  public  registers,  facta)^ 
Cic.  Fam*  viii.  7.  Senec  de  benef.  as  marriages,  Juvenal,  ii. 
136.  births,  Id-  ix.  84.  and  funerals.  Suet.  JVer.  39. 

Widows  were  obliged  to  wear  mourning  for  their  husbands 
at  least  ten  months,  Senec-  Epist-  65'  and  if  they  married 
within  that  time,  they  were  held  infamous,  L.  2.  C.  de  se- 
fund.  nupt.  but  men  were  under  no  such  restriction. 

M.  Antoninus  the  philosopher,  after  the  death  of  his  wife 
Faustina,  lived  with  a  concubine,  {ne  tot  libens  superduceret 
novercumj y  that  he  might  not  bring  a  step-mother  over  his 
children,  Capitoim.  in  vita  ejus^Jin. 

Second  marriages  in  women  were  not  esteemed  honoura- 
ble, and  those  who  had  been  manied  but  to  one  husbandj  or 
who  remained  in  widowhood,  were  held  in  particular  res- 
pect :  Hence  UNIVIUA  is  often  found  in  ancient  inscrip- 
tions, as  an  epithet  of  honour.  So  Uni  nupta.  Propert.  iv. 
nit-  Such  as  married  a  second  time  were  not  allowed  to  of- 
ficiate at  the  annual  sacred  rites  of  Female  Fortune,  {Fortii- 
na  muliedris,)  Dionys.  viii.  56.  Val-  Max.  !•  8.  4-  Scrv.  in 
Virg.  ^n.  iv'  19.  Festus  in  Pudicitia  signum.  Among  the 
Germans,  second  marriages  were  prohibited  by  law.  Tacit, 
de  Mor'  Germ'  19- 

IV.  ROMAN  FUNERALS. 

np'HE  Romans  paid  the  greatest  attention  to  funeral  rites, 
-■-  because  they  believed  that  the  souls  of  the  unburied 
were  not  admitted  into  the  abodes  of  the  dead  ;  or  at  least 
wandered  an  hundred  years  along  the  river  Styx,  before  they 
were  allowed  to  cross  it ;  for  which  reason,  if  the  bodies  of 
their  friends  could  not  be  found,  they  erected  to  them  an 
empty  tomb,  (Tumulus  inanis,  Ki*orx^n>t^  Cenotaphmm)^ 
at  which  they  performed  the  usual  solemnities,  Virg.  yEn. 
iii.  304.  vi.  326.  505.  Stat.  Theh*  xii-  162.  and  if  they  hap- 
pene<3  to  see  a  dead  body,  they  always  tlirew  some  earth  up-^ 


Funerals.  515 

on  it,  lb'  365.  Horat.  Ocl  i.  28.  23.  &  36-  and  whoever  ne- 
glected to  do  so,  was  obliged  to  expiate  his  crime,  by  sacrili- 
cing  a  hog  to  Ceres,  Festusin  l*RiEciDANEA  agna:  Hence 
no  kind  of  death  was  so  much  dreaded  as  shipwreck,  Or. 
Trist.  i.  2.  51.  Hence  also,  Rite  condere  mancsy  to  bury  in 
due  form,  Pirn.  Ep.  vii.  27.  Condere  animam  sepulchro^ 
Virg.  /En-  iii.  68.  See  Plant.  Most,  ii-  2.  66.  Suet.  Cal.  59. 
and  to  want  the  due  rites  was  esteemed  the  greatest  misfor- 
tune, Ovid  Ep.  X-  119. 

When  persons  were  at  the  point  of  death,  their  nearest  re- 
lation  present  endeavoured  to  catch  their  last  breath  with 
their  mouth,  {extremum  spiritum  ore  exciperejy  Gic-  Ver» 
V.  45.  Virg-  /En.  vi.  684-  for  they  believed  that  the  soul  or 
living  principle  (ANIMA)  then  went  out  at  the  mouth : 
Hence  the  soul  of  an  old  person  {anima  senilis)  was  said  in 
priniis  labris  esse,  Senec.  Ep.  30.  or  in  ore  primo  teneri.  Id. 
Here.  fur.  1310.  so  animan  agere,  to  be  in  the  agony  of 
death,  Liv.  xxvi.  14-  Cic-  Fam.  viii-  13.  Tusc.  i.  9-  Senec. 
Ep.  101.  Animam  dare,  ejffiare,  exhalare,  exspirare,  fff^n- 
d^re,  ^c.  to  die. 

They  now  also  pulled  oft' their  rings,  Suet.  Tib.  73-  Plin. 
xxxi-  1.  which  seem  to  have  been  put  on  again,  before  they 
were  placed  on  the  funeral  pile,  Propert.  iv-  7.  9- 

The  nearest  relation  closed  the  eyes  and  mouth  of  the  de- 
ceased, Virg.  Mn.  ix.  487.  Ovid.  Pier-  i.  102.  &  113;  ii. 
102-  X-  120.  Lucan.  iii.  740-  probably  to  make  them  appear 
less  ghastly.  Suet.  A'Vr.  49.  The  eyes  were  afterwards 
opened  on  the  funeral  pile,  Plin.  xi.  37.  s-  S5.  When  the 
eyes  were  closed,  they  called  ( inclamahant)  upon  the  de- 
ceased by  name  several  times  at  intervals,  Ovid.  Trist.  iii. 
3-  43.  repeating  ave  or  vale,  Catull.  xcviii.  10.  Ovid. 
Met,  X.  62.  Fast.  iv.  852.  whence  corpora  nondum  concla. 
/naffl,  just  expiring,  Lucan.  ii.  28-  and  those  who  had  given 
up  their  friends  for  lost,  or  supposed  them  dead,  were  said 
eos  conclamavisse^  Liv.  iv.  40.  so  when  a  thing  was  quite 
desperate,  C  o  n  c  l  a  m  a  t  u m  e  s  t  ,  all  is  over,  Ter.  Eun.  ii. 
3.  56. 

The  corpse  was  then  laid  on  the  ground,  Ov.  Trist.  iii.  3, 
AO.    Hence  DEPOSITUS  ;  for  in  idtimo  posihis,  despe- 
rattc  sahitiS:  desperate,  dving,  past  hopes  ofrecoven.^  /d-.  r.r 
'   ■      3  X.        ■" 


514  KOMAN  ANTIQUITIES, 

Pont-  ii-  2.  47.  TrisU  iii-  3.  40.  Virg.  Mn-  xii.  395-  Ck. 
Vtrr-  '\.  2.  or  from  the  aiident  Gustom  of  placing  sick  per^ 
sons  at  the  gate,  to  see  if  any  that  passed  had  ever  been  ill 
of  the  same  disease,  and  what  bad  cured  thern,  Serv-  in  Virg, 
Mn.  xii.  395.  Strab.  \\vp.  155.  xvi.  746-  Herodot  i.  197, 
Hence  Deponere  aliquem  vino,  to  intoxicate,  Plant.  Au!. 
iii.  6.  39.  PoizV?  ar/tt*,  dead,  Ovid.  Htr.  x.  122.  so  compost- 
f.us  vino  sojnnoqite,  overpowered,  Ovid-  Amor-  i.  4.  51.  ii.  5. 

22. 

The  corpse  was  next  bathed  with  warm  water,  and  a- 
noin ted  with  perfumes,  Virg'  Mm.  vi.  219.  Ovid,  ib-  Plin, 
Epist.  V.  16.  by  sbves  called  POLLINCTORES,  {quasi 
pellis  unctores),  Plaut.  Asin.  v.  2.  60.  Poen.  prol.  63.  be- 
longing to  those  who  took  care  of  funerals,  (LIBITINA- 
mi),  Senec  de  benef-  vi-  38-  and  had  the  charge  of  the  tem- 
ple of  Venus  Libitinay  where  the  things  requisite  for  fune. 
rals  ('nccessaria  funeribus)  were  sold,  Plutarch.  Rom: 
qucest.  R  23-  Liv.  xii.  21.  Hence  Fitare  JLibitinam,  not 
to  die,  Horat,  Od.  iii.  30.  6.  Mirari  nihil^  nisi  quod  Libiti- 
•na  sacravit,  to  admire  nobody  till  after  his  death,  Id.  Ep.  ii. 
1,  49.  Libitinam  evadere^  to  escape  death,  Juvenal,  xii. 
122.  Ubitina  is  also  put  for  the  funeral  couch,  MartiaL 
viii.  43  4-  Acron-  in  Hor.  Od.  in.  30.  6, 

In  this  temple  was  kept  an  account  (ratio  vel  ephemeris) 
of  those  who  died,  Suet.  JYer.  39,  for  each  of  whom  a  cer- 
tain coin  was  paid,  Dionys.  iv-  15.  hence  Autumhusque  gra- 
vis^ Libitin/^  qiccestus  acerb^e,  because  autumn  being  un- 
healthful,  usually  occasioned  great  mortality,  Horat.  Sat- 
ii.  6.  19.  So  Phadr-  iv.  19.  25. 

The  money  paid  for  the  liberty  of  burial  and  other  ex- 
pences  was  called  ARBITRIUM,  oftener  plur.  -a,  Cic. 
post.  red.  in  Sen,  7.  Dom.  37  Pis.  9.  so  arbitrium  vendendi 
sails y  the  monopoly  of  salt,  Liv.  ii-  9. 

The  body  was  then  dressed  in  the  best  robe  which  the  de- 
ceased had  worn  when  alive,  Firg.  JEn.  ix.  488  ;  ordinary 
citizens  in  a  white  toga^  Juv.  iii-  172. ;  magistrates  in  tlieir 
pra^texta,  &.c.  and  laid  {componebatur  vel  collocabaturj  on 
a  couch  in  the  vestibule  (locus  vacuus  ante  januam  domus, 
per  quern  a  via  ad  cedes  itur,  Gell.  xvi-  5.)  with  the  feet  out- 
w;i?ds,  as  if  about  to  take  its  last  departure,  Ov,  Met.  i>'- 


Funerals.  515 

502.  Tacit.  Agric-  45.  Stfnec.  Ep.  12.  hrev.  vit.  20.  Suet, 
^'iug.  101. /*tr.v«  ill.  104.  ]A<d\\CQ  compontre^U)  h\}ry\  Hor at. 
Sat.  i.  9,  28.  Ov  Fust.  iiL  547.  v.  426.  Tacit.  Hist^  I  47. 
Then  a  lamentation  was  made.  Hence  .5'/^;  positum  ajfati 
discedite  corpus,  ^'rg.  jEn.  ii-  644.  The  couch  was  some- 
times decked  with  leaves  and  flowers,  ^irg.  jEn.  xi.  66- 
Dionys.  S.I.  39- the  bedstead  of  ivory,  Prop.  i'l.  10.21.  If 
the  dt-ceased  had  received  a  crown  for  his  bravery,  it  was 
now  placed  on  his  he:id,  Cjc,  de  legg-  n-  24.  Plin.  xxi.  3.  A 
small  coin,  tnens  vcl  oholus,  was  put  in  his  mouth,  which  he 
might  give  to  Charon,  {Portitor  vel  Porthmeusy  the  ferry- 
man of  hell),  for  his  freight,  Juven.  iii.  267.  Hence  a  per- 
son wlio  wanted  this  and  t!ie  other  funeral  oblations  was 
said,  Abiisse  ad  Aclierontem  sine  viatica  ;  for  without  them, 
it  was  thought  that  souls  could  not  parciiase  a  lodging  or 
place  of  rest,  {nusquam  posse  divertiJ,  Plant.  Poen.  prol. 
71- 

A  branch  of  cypress  was  placed  at  the  door  of  the  deceas- 
ed, at  least  if  he  was  a  person  of  consequence,  Lucan.  iii. 
442.  Festus,  Herat.  Od>  ii.  14.  23-  Plin.  xvi.  33.  to  prevent 
the  Fontifex  Maximus  from  entering,  and  thereby  being 
polluted,  Serv.  ad  Firg,  jEn.  iii.  64.  iv.  507.  for  it  was  un- 
lawful for  him  not  only  to  touch  n  dead  body,  Dio^  Ivi.  31. 
but  even  to  look  at  it,  Senec.  Marc.  15.  Id-  liv-  28-  This 
tree  was  sacred  to  Pluto,  because  when  once  cut,  it  never 
grows  again,  called  atra,ffralis,funerea^  vmlfunehns,  from 
its  being  used  at  funerals,  Ibid. 

The  Romans  atfirst  usually  interred  Ummahant^  theirdead, 
which  is  the  most  ancient  and  most  natural  method,  Cie.  de 
legg.  ii.  22  Plin.  vii.  54.  Genes,  iii.  19-  They  early  adopted 
the  custom  of  burning  (cremandi,  vel  co?nbiirendiJ  from  the 
Greeks,  Plutarch-  in  JVuma^  which  is  mentioned  in  the  laws 
of  Numa,  and  of  the  twelve  tables,  Cic.  ibid,  but  it  did  not 
become  general,  till  towards  the  end  of  the  republic. 

Sylla  was  the  first  of  the  Patrician  branch  of  the  Gens  Cor- 
*ielm  that  was  burnt  ;  which  he  i .  supposed  to  have  order- 
ed, lest  any  one  should  dig  up  his  body,  and  dissipate  his  re- 
mains, as  he  did  those  cf  Marius,  Cic.  Plin.  ibid.  Pliny  as- 
cribes the  first  institution  of  burning  among  the  Romans,  to 
ihcir  having  discovered  that  the  bodies  of  those  who  fell  in. 


516  ROMAN  ANTIQUITIES^ 

distant  wars  were  dug  up  by  the  enemy,  Ibid.  The  wise 
men  among  the  Indians,  called  GyMNosopHisXiE,  com- 
monly burnt  themselves  alive,  Plin.  vi.  19.  s.  22.  as  Cala- 
nus,  in  presence  of  Alexander,  Cic.  Titsc-  ii.  21. ;  Zar- 
marus,  at  Athens,  while  Augustus  was  there,  Z)?o,  liv.  9. 

Under  the  emperors,  it  became  almost  universal,  Tacit. 
Ann-  xvi.  9.  but  was  afterwards  gradually  dropt  upon  the  in- 
troduction of  Christianity,  so  that  it  had  fallen  into  disuse 
about  the  end  of  the  fourth  century,  Macrob.  vii.  7. 

Children  before  they  got  teeth  were  not  burnt,  Plin.  vii. 
15.  s.  16.  Juvenal,  xv.  140.  but  buried  in  a  place  called 
SUGGRUNDARIUM,  Fulgent-  de  prise-  serm.  7.  So 
likewise  persons  struck  with  lightning,  {fulguriti)y  Plin-  ii, 
55.  Senec-  de  Ir.  iii.  23.  Qu.  Nat.  ii.  21-  were  buried  in  the 
spot  where  they  fell,  called  BIDENTAL,  because  it  was 
consecrated  by  sacrificing  sheep,  ibidentesj,  Pers.  ii.  27. 
Luc.  i.  606.  viii.  864.  Fest-  Gell.  xvi-  6.  It  was  enclosed 
with  a  wall,  and  no  one  was  allowed  to  tread  upon  it,  Ibid. 
To  remove  its  bounds,  (movere  bidental),  was  esteemed  sa- 
crilege, Horat.  art.  p-  All. 

The  expressions,  SEPELIRE,  Sepultura,  and  Sepul- 
chrum,  are  applied  to  every  manner  of  disposing  (condendi) 
of  a  dead  body,  Plin.  17.  54-  Cic.  Tusc.  i.  45-  So  also  HU- 
MARE,  &c.  Cic.  legg.  ii.  22.  Ncp.  Eumen-  13.  JUST  A, 
exsequi(e^\^\f units, iu\'\tr2X  obsequies  or  solemnities:  Hence 
"iv ZT A  funebrias  justafunerum  vel  exequiarum^  etjustafu^ 
nera  alicui  facere,  solvere,  vel  persolvere,  Cic.  Flac-  38. 
Legg.  ii.  17-  Liv.  i.  20-  Sallust.  Jug.  11-  Cjes-B.  G.  vi.  17. 
Redder e  justafuncri ;  Plin.  x-  2.  But  EXSEQUI^  proper- 
ly denotes  the  funeral  procession,  {afficium  exsequiarum,  v. 
pompa  funebris)'  Hence  Ex  s e  q^ui  a  s  ducere,  deducere,  co, 
mitari.frequentare^  prosequi,  &c.  to  attend  the  funeral,  7Qf- 
neri  inter  esse.  Tacit.  Ann.  ii.  32.  xvi.  6.  7-  21-  Suet.  Tib. 
32.  Ter.  And.  i.  100. 

Of  funerals  there  were  chiefly  two  kinds,  public  and  pri- 
vate. 

The  public  funeral  was  called  INDICTIVUM,  {ad quod 
per  pneconem  homines  evocabantur),  because  people  were 
invited  to  it  by  a  herald,  Cic.  Dom.  18.  (Seep.  190).  Of 
this  kind  the  most  remarkable  were  Funus  CENSORIUM, 


Funerals.  517 

Tacit.  Ann.  iv-  15.  xiii.  2.  Dio,  liii.  50.  Jiv.  28-  Including 
funus  consu/are,  prcetormm  tnumphale.  Sec.  PUBLICUM, 
when  a  person  was  buried  at  the  public  expencc,  Tacit  Ann. 
iii.  48.  vi.  11.  Suet.  Fit.  3.  and  Cullativum,  by  a  public 
contribution,  Liv.  ii.  33-  Fal.  Max.  iv,  4.  Plutiirch.  in  Pop- 
lie.  (See  p.  155).  Augustus  was  very  liberal  in  granring 
public  funerals,  hH^<n»i  ruipxi,)  as  at  first  in  conferring  the 
honour  of  a  triumph,  /)/(;,  liv.  12- 

A  private  funeral  was  called  TACITUM,  Senec.  de 
tranq.  1-  Ovid.  Trist.  i.  3-  22.  Translatitium,  Suet. 
jYer.  33.  Plebeium,  Propert.  ii.  10-  25.  Commune,  Au~ 
son.  Parent,  x.  5-  and  Vulc  are,  Capitolin.  in  Anton.  Phil. 
13. 

The  funeral  of  those  who  died  in  infancy,  or  under  age, 
was  cplled  ACERBUM,  or  Immaturum,  Virg.  lEn.  vi- 
429.  Juvenal  xi  44  Senec.  Ep.  123  or  Exsequi/e  im- 
mature. Id.  tranq.  anim.  \.  11-  But /iinus  acerbitm  is  ap- 
plied by  some  only  to  infants,  and  iminaturum  to  young 
men.  Such  were  buried  sooner  than  grown  persons,  and 
with  less  pomp,  Cic.  Cluent,  9.  Tacit.  Ann-  xiii.  17«  Suet. 
Ner  33.  Funerapuerorumadfaces  et  cereos  ducta.htntc. 
brev.  vi.  20.  Ep-  122. 

When  a  public  funeral  was  intended,  the  corpse  was  kept 
usually  for  seven  or  eight  days,  Serv.  in  Firg-  v.  64.  vi.  218. 
with  a  keeper  set  to  watch  it,  Id.  xi.  30.  and  sometimes  boys 
to  drive  away  the  flies,  Xiphilin.  Ixxiv.  4.  When  the  funeral 
was  private,  the  body  was  not  kept  so  long,  Cic.  Cluent.  9. 
Suet.  0th.  Tacit.  Ann.  xiv.  9. 

On  the  day  of  the  funeral,  when  the  people  were  assem- 
bled, the  dead  body  was  carried  out  with  the  feet  foremost, 
{pedibus  efferehatur.,  Plin.  vii.  s-  90  on  a  couch,  covered 
with  rich  cloth,  {stragulse  vestis),  with  gold  and  pmrple,  Suet. 
Jul.  84' supported  commonly  on  the  shoulders  of  the  nearest 
relations  of  the  deceased,  Plin-  vii.  44.  Juvenal,  x.  259.  Fal^ 
Max-  vii.  1.  or  of  his  heirs,  Ilorat.  Sat.  ii-  5.  86.  sometimes 
of  hisfreedmen,  Pers.  iii- 106.  Julius  Caesar  was  borne  by  the 
magistrates,  Suet.  84.  Augustus  by  the  s,enators.  Id.  101, 
and  Germanicus  by  the  tribunes  and  centurions.  Tacit.  Ann. 
iii.  2-  So  Drusus,  his  father,  who  died  in  Germany,  by  the 
tribunes  and  centiinon"^  to  the  winter  quarters  ;  and  tlien  by 


518  ROMAN  ANTIQUITIES. 

the  chief  men  in  the  different  cities,  on  the  road  to  Rome, 
Dio.  Iv.  2.  Suet.  Claud.  1-  Paulus  i^mihus,  by  the  chief  meu 
of  Macedonia,  who  h.ippened  to  be  at  Rome  when  he  died, 
Val.  MaX'  ii.  10-  3.  Plutarch,  in  vit' 

Poor  citizens  and  slaves  were  carried  to  the  funeral  pile 
in  a  plain  bier  or  coffin,  (Sandapila,  Martial,  ii.  81-  viii. 
75.  14' Juvenal,  viii.  175.  Vilis  arc  a,  Horat.  Sat.  i.  8, 
9.  Orciniana  sponda,  Martial,  x.  5.  Q-)  usually  by 
four  bearers,  calltd  VESPILLONES,  vel  vesp*^,  iquiavcs- 
pertino  tempore  mortuos  efferebant^y  Festus,  Sutr*  Dom. 
17.  Eutrop.  vii.  34.  Martial- i.  31.  and  48.  Sandapilo- 
NES,  vel  -arii ;  and  in  later  vvriters,  Lecticarii. 

The  funeral  couches  (LECTIC^i,  lectin  vel  ?on,)  of  the 
rich  seem  also  to  have  been  borne  by  Fespilbnes,  Nep.  Att. 
35.  Gell.  X.  3.  Hence  a  couch  carried  by  six  was  called 
HEXAPH0RUM,jM<2r??a/-  ii.  81.  vi.  77*  10.  and  by  eight,  Oc- 
TOPHORUM,  ix.  311.  or  Lectica  octophoros  ;  as  the  ordi- 
nary couches  or  sedans  used  in  the  city,  or  on  a  journey, 
were  carried  by  slaves,  called  Lecticarii,  Cic-  Fer.  v. 
lhFam.i\"  12- Fhzl- 4>l, 

These  couches  were  sometimes  open,  and  sometimes  co- 
vered, ibid. 

The  general  name  of  a  bier  was  FERETRUM,  Firg, 
Mn.  vi.  222.  xi.  64.  149-  Stat.  Thtb.  vi.  55-  Ovid-  Met. 
xiv.  747'Or  CAPULUS,  vel.  -umiquodcorpus Ci\pht)y  Serv. 
in  Firg.  xi«  64.  Festus :  Hence  capularis,  old,  at  death's 
door,  Plaut.  mil.  iii.  1.  34.  Capuli  decus^  Asin.  v.  2.  42. 
Some  mdk^feretrum  to  be  the  same  with  lectus  ;  others  that 
on  v/hich  the  couch  was  supported,  Farro-  de  L.  L*  iv.  35. 

Children  who  died  before  they  were  weaned,  were  carried 
to  the  pile  by  their  mothers,  Stat-  Sylv.  v.  5. 15.  Ovid.  Hen 
XV.  115. 

All  funerals  used  anciently  to  be  solemnized  in  the  night 
time  with  torches,  that  they  might  not  fall  in  the  way  of 
magistrates  and  priests,  who  were  supposed  to  be  violated 
by  seeing  a  corpse,  so  that  they  could  not  perform  sacred 
rites,  till  they  were  purified  by  an  expiatory  sacrifice,  Serv.  in 
Firg.  xi.  143.  Donat.  Ter- And.  i.  1.  81.  Thus,  to  dimi- 
nish the  expence  of  funerals,  it  was  ordained  by  Demetrius 
Phalereus  at  Athens,  Czc.  de  legg- ih  26-  according  to  ay: 


FuNERALb.  519 

ancient  law,  wliich  seems  to  have  fallen  into  desuetude, 
Demoath.  adv-  Macartatum,\i.  666-  Hence  FUNUS,  a  fu- 
m-ral,  {vovcv  Junes  accnui^liiii^.  xi.  2.  xx.  10.  or  funalla^ 
.  funales  cerei,  ctrect  faces.,  vel  cancIeLe,  torches,  candles,  or 
tapers,  originally  made  of  small  ropes  or  cords  ;  yfunes^  vcl 
funieuh)  covered  with  wax  or  tallow,  (sevum  vel  sebum) j 
Serv.  ibid,  et  ."En-  i.  727.  Val  Max.  iii-  6.  4.  Varr-  de  vit. 
J)  op.  R. 

But  in  after  ages,  public  funerals  (funera  indictiva)  were 
celebrated  in  the  day  time,  at  tin  e-.irly  hour  in  the  forenoon, 
as  it  is  thought  from  Plutarch,  in  Si/ll-  with  torches  also, 
Serv.  in  Hrg.  ^Tln.  vi.  224.  Tacit.  Ann-  iii.  4.  Private  or 
ordinary  funerals  itacita)  were  always  at  night,  Fest.  in 
Vespillonec- 

As  torches  were  used  both  at  funerals  and  marriages, 
Ovid-  Ep.  xxi.  172.  hence  inter  utramque  facem^  for  inter., 
nufJtiasetfunus^  Porpert.  iv.l2-  AQi-  Et  face  pro  thalavii,  fax 
mihi  mortis  cdest,  Ovid-  Ep.  xxi.  172- 

The  order  of  the  funeral  procession  was  regulated,  and 
everj'  one's  place  assigned  liim,  by  a  person  called  DESIG- 
NATOR,  an  undertaker  or  master  of  ceremonies,  {dominus 
funeris),  attended  by  Lictors,  dressed  in  black,  Horat'  Ep. 
i.  7.  6.  Cic.  Att.  iv.  2.  legg-  ii-  24. 

First  went  musicians  of  various  kinds  ;  pipers,  (Tibici- 
NEs,  Ovid  Fast-  vi.  660-  vel  Siti cine s,  Ge-//.  xx.  2.) 
trumpeters,  Pers.  \i\-  103.  Serv.  in  Firg'  xi.  192.  and  cor 
netters,  Horat'  Sat.  i.  6-  43.  then  mourning  women,  (PR/E- 
Y\di\^  qwe  dabant  c<zteris  modum  plangendi),  hired  to  la- 
ment, Festus  ;  LuciU  22.  Horat'  Art.  431-  and  to  sing  the 
funeral  song,  (N^NIA  vel  Lessus),  or  the  praises  of  the 
deceased,  Plant.  True,  ii-  6.  14-  iv-  2.  18.  to  the  sound  of 
theflute,  Cic.leggXvIA--  Quinctil.  vWi'  2.  Boys  and  girls  were 
sometimes  employed  for  this  last  purpose,  Suet.  Aug.  lOE 
As  these  praises  were  often  unmerited  and  frivolous  ;  hence 
nugfe  is  put  for  kje^ije.  Plaut.  Asin.  iv.  63.  and  Lexidia^ 
res  inanes  et  frivol^  for  voces  pr/efcarum,  GelL  xviii.  7. 

The  flutes  and  trumpets  used  on  this  occasion  were  larger 
and  longer  than  ordinary,  Ovid.  Am.  ii.  6.  6.  of  a  grave  di;i- 
mal  sound,  Stat.  Theh.  v.  120.  By  the  law  of  die  twelve  ta- 
bles,  the  number  of  players  on  the  flute  at  a  funeral  was  re- 
stricted to  ten,  Qic-  legg.  \h  24.  Ovid.  Fast:  vi.  664, 


520  ROiMAN  ANTIQUITIESo 

Next  came  players  and  buffoons,  {Ludii  vel  histrioncs^  et 
scurr<s^  who  danced  and  sung,  Dionys.  vii.  9.  Suet.  Tib.  Sl^ 
One  of  them,  called  ARCHIMIMUS,  supported  the  cha- 
racter {personam  agebat)  of  the  deceased,  imitating  his  words 
and  actions  while  alive.  Suet-  Fesp.  19.  These  players  some- 
times introduced  apt  sayings  from  dramatic  writers,  Suet, 
C^s.  84. 

Then  followed  the  freed-men  of  the  deceased,  with  a  cap 
on  their  head,  [pileati)^  Cod*  de  Lat.  libert.  Liv.  xxxviii.  55- 
Dionys.  viii-  Some  masters  at  their  death  freed  all  their 
slaves,  from  the  vanity  of  having  their  funeral  procession  at- 
tended by  a  numerous  train  of  freed-men,  Dionys.  iv.  24. 

Before  the  corpse,  were  carried  the  images  of  the  deceas- 
ed, and  of  his  ancestors,  Qc.  Brut.  34.  Mil.  xiii.  32- Horat. 
Epod.  viii.  11-  Fal.  Max.  viii.  15.  1.  Plin.  xxxv.  2.  on  long 
poles  or  frames,  Sil.  x.  566*  but  not  of  such  as  had  been 
condemned  for  any  heinous  crime.  Tacit.  Ann.  ii  32-  iii, 
76.  whose  images  were  broken, /«i;e'na/.  viii.  18.  The  Tri^ 
umviri  ordained,  that  the  image  of  Caesar,  after  his  deifica- 
tion, should  not  be  carried  before  the  funeral  of  any  of  his 
relations,  Dio-  xlvii.  19.  Sometimes  there  were  a  great  many 
different  couches  carried  before  the  corpse,  on  which,  it  is 
supposed,  the  images  were  placed.  Tacit-  Ann-  xvi.  11, 
Serv.  m  Firg.\-  4.  vi.  862-  875.  After  the  funeral,  these 
images  were  again  set  up  in  the  hall,  where  they  were  kept. 
See  p.  33. 

If  the  deceased  had  distinguished  himself  in  war,  the 
crowns  and  rewards  which  he  had  received  for  his  valour 
were  displayed,  together  with  the  spoils  and  standards  he 
!iad  taken  from  the  enemy,  Virg.  jEn.  xi.  78.  At  the  fune- 
rals  of  renowned  commanders  were  carried  images  or  repre- 
sentations of  the  countries  they  had  subdued,  and  the  cities 
they  had  taken,  Tacit.  Ann.  i-  8-  Dio.  Ivi.  34.  Ixxiv.  4.  At 
the  funeral  of  Sylla  above  2000  crowns  are  said  to  have 
been  carried,  which  had  been  sent  him  by  different  cities  on 
account  of  his  victory,  Appian.  B.  C-  i.  417.  The  lictors  at- 
tended with  their  fasces  inverted.  Tacit-  Ann-  iii.  2.  Some- 
times also  the  officers  and  troops,  with  their  spears  pointing 
to  the  ground,  Ibid.  Firg.  xi.  92-  or  laid  aside,  Lzican,  viii, 
735. 


Funerals;  B21 

Behind  the  corpse,  walked  the  friends  of  the  deceased  in 
aiourning,  {utra  vol  lugubri  veste  ;  atrati  vel  pullatij  ;  his 
sons  with  iheir  head  veiled,  and  his  daughters  with  their  head 
bare,  and  their  hairdishevclled,  contrary  to  the  ordinary  cus- 
tom of  both,  Plutarch,  qnest-  Rom- 14.  the  magistrates  with- 
out their  badges,  and  the  nobiUty  without  their  ornaments. 
Tacit.  Ami.  iii.  4. 

The  nearest  relations  sometimes  tore  their  garments,  and 
covered  their  hair  with  dust,  Firg.'jErj.  xii.  609.  CatulL 
Ixii.  224-  or  pulled  it  out,  Cic-  Tusc-  iii.  26.  The  women  in 
particular,  who  attended  the  funeral,  Ter.  And.  i.  1  90. 
Suet.  Cxs.  84.  beat  their  breasts,  tore  their  cheeks,  &c-  Firg. 
.^n-  iv.  673.  Tibull.  i-  1.  68.  although  this  was  forbiddeA 
by  the  Twelve  Tables,  Mulieres  genas  ne  radunto, 
Cic.legg.u.  24. Flin' xxxv'ii.  11.  i.^.  Unguibus  ne  scin- 
DUN  TO,  Festus. 

At  the  funeral  of  an  illustrious  citizen,  the  corpse  was  car- 
ried through  the  Forum  ;  where  the  procession  stopped,  and 
a  funeral  oration  (LAUDATIO)  was  delivered  in  praise  of 
the  deceased  from  the  Rostra,  by  his  son,  or  by  some  near 
relation  or  friend,  Polyb.  vi.  51.  Cic.  Orat,  ii.  84.  Sueto 
C'es.  84-  Aug.  101.  Tib-  vi-  Afer.  9.  sometimes  by  a  magis- 
trate, P/in.  Ep.  ii.  1.  according  to  the  appointment  of  the  se» 
nate,  Quinctil.  iii.  7.  vel  9. 

This  custom  is  said  to  have  been  first  introduced  by  Pop- 
licola,  in  honour  of  his  colleague  Brutus,  Plutarch,  in 
PopL  Dionys-  v.  17.  ix-  54.  It  was  an  incentive  to  glory 
and  virtue,  but  hurtful  to  the  authenticity  of  historical  re- 
cords, Liv.Vm.  40.  Cic. Brut.  17. 

The  honour  of  a  funeral  oration  was  decreed  by  the  se- 
natealso  to  women,  for  their  readiness  in  resigning  their  gold- 
en  ornaments  to  make  up  the  sum  agreed  to  be  paid  to  the 
Gauls,  as  a  ransom  for  leaving  the  city  ;  Liv.  v.  50.  or,  ac- 
cording to  Plutarch,  to  make  the  golden  cup  which  was  sent 
to  Delphi,  as  a  present  to  Apollo,  in  consequence  of  the  vow 
of  Camillus,  after  the  taking  of  Veji,  Plutarch,  in  Camillo. 

But  Cicero  saj'^s,  that  Popilia  was  the  first  to  whom  this 
honour  was  paid,  by  her  son  Catulus,  several  ages  after, 
Cic.  Orat.  ii.  11.  and  according  to  Plutarch,  Cresar  intro- 
duced the  custom  of  praising  younger  matron?,  upon  theT' 

S  V 


52^  ROMAN  ANTIQUITIES. 

death  of  his  wife  Cornelia.  But  after  that,  both  young  and 
old,  married  and  unmarried,  were  honoured  with  funeral 
orations,  Suet  Jul-  6.  Cal.  10.  Tacit.  AnnaL  v.  1.  xvi.  6. 
Dio.  xxxix.  64.  &  S9. 

While  the  funeral  oration  was  delivering,  the  corpse  was 
placed  before  the  Rostra-  The  corpse  of  Caesar  was  placed 
in  a  gilt  pavilion  like  a  small  temple,  (aurata  adesJ^  with 
the  robe  in  which  he  had  been  slain  suspended  on  a  pole  or 
trophy,  Suet'  Cess.  84.  and  his  image  exposed  on  a  movea- 
ble machine,  with  the  maf  ks  of  all  the  wounds  he  had  re- 
ceived ;  for  the  body  itself  was  not  seen,  Appian,  B,  C.  ii« 
p.  521.  but  Dio  says  the  contrary,  xliv»  4. 

Under  Augustus  it  became  customary  to  deliver  more 
than  one  funeral  oration  in  praise  of  the  same  person,  and  in 
different  places,  Dio'  Iv.  2. 

From  the  Forum,  the  corpse  was  carried  to  the  place  of 
burning  or  burial,  which  the  law  of  the  Twelve  Tables  or- 
dered to  be  without  the  city,  Homin  em  MORTUUM  IN  UR- 

BE   NE  SEPELITO,  NEVE  URITO,  ClC    Icgg.  \\.  23-  aCCOrd- 

jng  to  the  custom  of  other  nations  ;  the  Jews,  Matth-  xxvii. 
53.  John.  xix.  20-  &  41.  the  Athenians,  Cic.  Fam-  iv.  12. 
LiV'  xxxi.  24.  and  others,  Cic.  Flacc.  31.  Tusc-  v.  23, 
Plutarch,  in  Arato. — Strab,  x. 

The  ancients  are  said  to  have  buried  their  dead  at  their 
own  houses,  Serv.  in  Virg.  ASn.  v.  64.  vi.  152-  Isidor.  xiv. 
11.  whence,  according  to  some,  the  origin  of  idolatry,  and 
the  worship  of  household  gods,  the  fear  of  hobgoblins  or 
spectres  in  the  dark,  (Larv^  vel  Lemures),  &c.  ibid. — 
Souls  separated  from  the  body  were  called  Lemures  vel 
Manes;  if  beneficent,   LarSs  ;  if  hurtful,  "Lar^vjevcI 
MANiiE;  {,kyx6oi  x«<  r-xKot  ^xifMvii)  Apul.  dc  deo   Socrotis^ 
Augustus,  in  his  speech  to  his  soldiers  before  the  battle  of 
Actium,  says  that  the  Egyptians  embalmed  their  dead  bo- 
dies to  establish  an  opinion  of  their  immortality,  Dio.  1.  24.' 
Several  of  these  still  exist,  called  Mummies^  from  mum^  the 
Egyptian  name  of  wax.    The  manner  of  embalming  is  des- 
cribed by  Herodotus,  ii.  86»    The  Persians  also  anointed 
the  bodies  of  their  dead  with  wax,  to  make  them  keep  as 
long  as  possible,  Cic.  Tusc.  i.  45. 

The  Romans  prohibited  burning  or  burying  in  the  eity. 


Funerals.  523 

uoth  from  a  sacred  and  eivil  consideration  ;  tliat  the  priests 
might  not  be  contaminated  by  seeing  or  touching  a  dead  bo- 
dy, and  that  houses  might  not  be  endangered  by  tlie  fre  • 
quency  of  funeral  fires,  Cic'  legg.  ii.  22,  or  the  air  infected 
by  the  stench,  Serv.  in  Firg-  vi.  150.  Isi-d.  xiv.  11. 

Tht  J^amen  of  Jupiter  was  not  allowed  to  touch  a  dead 
liody,  nor  to  go  where  there  was  a  grave,  Geil,  x.  15.  so  the 
high  priest  among  the  Jews,  Ijevit.  xxi.  11.  and  if  the  pon- 
Uffx  maximus  had  to  deliver  a  funeral  oration,  a  veil  was 
laid  f)\Tr  the  corpse,  to  keep  it  from  his  sight,  Senec.  cons, 
ad  Marc.  15.  Dio.  liv.  28.  2>5. 

The  places  for  burial  were  either  private  or  public  ;  the 
private  in  fields  or  gardens,  usually  near  the  high  way,  to 
be  conspicuous,  and  to  remind  those  who  passed  of  morta- 
lity, Varr-  de  L.  L.  v.  6.  Hence  the  frequent  inscripdons., 
SiSTE,  VIATOR  ;  ASPicE,  VIATOR,  &c.  on  thc  via^ppia^ 
Aurelia,  Flaminia,  Tiburtina^  ^c.  Liv.  vi.  36.  Suet.  Cal. 
59.  Galb.  20.  Juven-  i.  ult.  Martial- i.  89.  115  117.  vi.  28. 
X,  43.  xi-  14-  Propert.  iii.  16.  30.  Ncp-  Att.  ult.  Plin.  Ep. 
vii.  29.  The  public  places  of  burial  for  great  men  were 
commonly  in  the  Campus  Martius,  Strah.  v.  Suet.  Cas- 
34.  CI  I.  Firg.^ri.  vi.  873  Dio.  39.  64.  48.  53.  or  Cam- 
pus EsQUiLiNus,  granted  by  a  decree  of  the  senate,  Cic, 
Phil.  ix.  7.  for  poor  people,  without  the  Esquiline  gate,  in 
places  called  Puticul.(E,  vel  -i,  (quod  in -pwteo?,  corpora 
miftebanturJ,  Varro  dc  L.  L.  iv.  5.  Festus,  Horat-  Sat.  1. 

S-  8. 

As  the  vast  number  of  bones  deposited  in  that  common 
burying- ground  rendered  the  places  adjoining  unhealthy, 
Augustus,  with  the  consent  of  the  senate  and  people,  gave 
part  of  it  t  his  favourite  Maecenas,  who  built  there  a  mag- 
nificent house,  fmolem  propinquam  nubibus  arduis,  Hofc 
Od.  iii.  29.  10.  called  Turris  M^ecenatiana,  Suet.  jYer, 
38.)  with  extensive  gardens,  whence  it  became  one  of  the 
most  healthy  situations  in  Rome,  Suet.  Aug.  72,  Tib.  15o 
Ner.  31. 

There  was  in  the  corner  of  the  burjdng-ground,  a  stone- 
pillar,  CIPPUS,  on  which  was  marked  its  extent  toward^ 
the  road,  (in  fronte),  and  backwards  to  the  fields,  (in  (f^ 
^ro,  vel  -timJ,  Horat'  ibid-  also  who  were  buried  in  it. 


524  ROMAN  ANTIQUITIES, 

If  a  burying- ground  was  intended  for  a  person  and  liis 
heirs,  it  was  called  SEPULCHRUM,  vel  MONUMEN- 
TUM  HEREDITARIUM,  which  was  marked  in  letters, 
thus,  H.  M-  H.  S.  i-  e.  Hoc  monumentum  HiEREDEs  se- 
(^uitur;  or  GENTILE  and  gentilitium,  Suet.  JVer, 
50.  Patrium,  Fjrg-.  Mn.  x.  557.  Avitum,  Ovid,  Trist. 
iv.  3.  45.  J^<?f.  xiii.  524.  If  only  for  himself  and  family, 
FAMILIARE,  L.  5.  D.  de  religios-  Freed-men  were 
sometimes  comprehended,  and  relations,  when  undeserving, 
excluded,  Suet.  Aug.  102, 

The  right  of  burying,  (jus  inferendi)^  was  sometimes 
purchased  by  those  who  had  no  burying- ground  of  their 
own. 

The  Vestal  virgins  were  buried  in  the  city,  (quia  legkhus 
non  tenebantur)^  Serv.  in  Virg.  IEa\.  ix.  and  some  illustrious 
men,  as,  Fopiieola,  TubeJ'tus,  and  Fabi'icius,  (virtutis  cau- 
sa^ legibus  solutU  ;  which  right  their  posterity  retained,  Cic. 
legg.  ii-  23.  but  did  not  use.  To  shew,  however,  that  they 
possessed  it,  when  any  of  them  died,  they  brought  the  dead 
body,  when  about  to  be  burnt,  into  the  /^on^/n,  and  setting 
down  the  couch,  put  a  burning  torch  under  it,  which  they 
immediately  removed,  and  carried  the  corpse  to  another 
place,  Plutarch,  in  Poplic.  et  Qwest.  Rom.  78.  The  right 
of  making  a  sepulchre  for  himself  within  the  pom  cerium  was 
decreed  to  Julius  Cjesar  as  a  singular  privilege,  Dio,  xliv.  7. 

When  a  person  was  burnt  and  buried  in  the  same  place, 
it  was  called  BUSTUM,  Festus  ;  whence  this  word  is  of- 
ten put  for  a  tomb,  (t^a«/3o«),  Cic.  Tusc-  v-  2>5.  Att.  vii.  9, 
Pis.  4.  7-  Legg.  ii.  26.  A  place  where  one  was  only 
burnt,  USTRINA,  vel  .-urn,  Festus. 

The  funeral  pile  (ROGUS,  7;e/PYRA)  was  buih  in  the 
form  of  an  altar,  with  four  equal  sides,  Herodian.  iv.  2. 
hence  called  ara  sepulchri,  Virg.  vi.  177.  Sil.  xv.  388. 
puNERis  ara,  Ovid.  Trist.  iii-  \3-2\.in  Ibin.  102-  of  wood 
which  might  easily  catch  fire,  as  fir,  pine,  cleft  oak,  ^c.  Virg. 
iEn.  iv.  504.  vi.  180-  Stat.  Theb.  vi.  54.  unpolished,  ac- 
cording to  the  law  of  the  twelve  tables,  ROGUM  ASCIA  NE 
POLITO,  Cic.  legg.  ii.  24.  but  not  always  so,  Plin-  xxxv.  7. 
also  stuffed  with  paper  and  pitch,  Martial  viii.  44.  14.  x. 
^7.  niade  higher  or  lower  according  to  the  rank  of  the  de- 


Funerals.  525 

ceased,  Lucan.  viii.  743.  Virg.  Ibid-  Sec.  xi.  215.  (hence 
ROGUs  PLEBEius,  OvifU  iti  lOtTi.  152.)  with  cypress  trees 
set  around  to  prevent  the  noisome  smell,  Ibid,  and  Serv.  in 
loc.  SiL  X.  535.  at  the  distance  of  sixty  feet  Irom  any  house, 
CiC'  legg'  ii,  24. 

The  basilica  Porcia  and  senate-house  adjoining,  contigu- 
ous to  the  Forum,  were  burnt  by  the  flames  of  the  funeral 
pile  of  Clodius,  Ascon-  in  Cic.  pro  Milone,  Dio,  xl.  49. 

On  the  funeral  pile  >vas  placed  the  corpse  with  the  couch, 
Tilmll.  \-  1.  01-  Tilie  eyes  of  the  deceased  were  opened, 
Plin-  ii.  37.  to  which  Virgil  is  thought  to  allude,  Mn.  iv.  214. 

The  nearest  relations  kissed  the  body  with  tears,  Prop.  ii. 
13.  29.  TibtdU  i.  1.  62.  and  then  set  fire  to  the  pile  with  a 
lighted  torch,  turning  away  their  faces,  iaversi,)  to  shew 
that  diey  did  it  with  reluctance,  Firg.  Mn-  vi.  223.  They 
prayed  for  a  wind  to  assist  the  flames,  Propert.  iv.  7.  31.  as 
the  Greeks  did,  Homer,  xxiii.  193.  and  when  that  happen- 
ed, it  was  thought  fortunate,  Plutarch,  in  SyU. 

They  threw  into  the  fire  various  perfumes,  (odores),  in- 
cense, myrrh,  cassia,  &c.  Piin.  xii*  18*  s.  41.  Juven^  iv-  109. 
Stat.  Sylv'  V.  1.  208.  Martial,  x-  26.  which  Cicero  calls 
SuMPTUosA  RESPERsio  ;  forbidden  by  the  twelve  tables, 
Legg.  ii.  24.  also  cups  of  oil  and  dishes,  (dopes  v.fercula), 
with  titles  marking  what  they  contained,  Firg-  jEn.  vi-  223. 
Stat.  Theb'  v'l-  126.  likewise  the  clothes  and  ornaments  not 
only  of  the  deceased,  Firg-  JEn.  vi.  221.  I^ucan.  ix-  175. 
but  their  own,  Tacit.  Ann*  iii.  3.  2.  Suet.  Jul.  84-  every 
thing  that  was  supposed  to  be  agreeable  to  the  deceased 
while  alive,  Donat.  in  Firg.  jEn,  vi.  217.  C^s.  B  G.  vi.  17- 
All  these  were  called  MUNERA,  velDOlSiA,  ibid. 

If  the  deceased  had  been  a  soldier,  they  threw  on  the  pile 
his  arms,  rewards,  and  spoils,  Firg.  JEn.  xi-  192.  Sit.  x. 
.562.  and  if  a  general,  the  soldiers  sometimes  threw  in  their 
own  arms,  Suet.  Jul.  84.  Lucan.  viii.  735- 

At  the  funeral  of  an  illustrious  commander  or  Emperor, 
the  soldiers  made  a  circuit  (DECURREBANT)  three 
times  round  the  pile,  Firg.  Mn>  xi.  188.  Tacit.  Ann.  ii.  7. 
from  right  to  left,  (orbe  sinistra),  with  their  ensigns  invert- 
ed, Stat.  Theb.  vi.  213.  and  striking  their  weapons  on  one 
another  to  the  soun<l  of  the  trumpet,  Fal-  Flacc'  iii.  346.  all 


526  ROMAN  ANTIQUITIES. 

present  accompanying  them ;  as  at  the  funeral  of  Sylla,  Ap- 
plan-  B,  C-  I.  of  Augustus,  Dio,  Ivi.  42.  &.c.  which  custom 
seems  to  have  been  borrowed  from  the  Greeks,  Homers 
xxiii.  13.  used  also  by  the  Carthaginians,  Liv.  xxv-  17. 
sometimes  performed  annually  at  the  tomb,  Suet.  Claud.  1. 

As  the  Manes  were  supposed  to  be  dehghted  with  blood, 
Tertullian.  de  Spect-  various  animals,  especially  such  as  the 
deceased  had  been  fond  of,  were  slaughtered  ^t  the  pile,  and 
thrown  into  it,  P/in.  viii-  40.  s.  61.  F'irg.  .Mn.  xi-  197' Ho- 
mer. II.  xxiii.  166.  Plin.  Ep.  iv.  %  in  ancient  times,  also 
men,  captives  or  slaves,  Firg.  x«  518.  xi.  82.  Homer.  IL 
xxi.  27.  to  which  Cicero  alludes,  Place-  38.  Afterwards, 
instead  of  them,  gladiators,  called  BUSTUARII,  were 
made  to  fight,  Serv.  in  <Mn.  x.  519.  Horat.  Sat.  ii.  3.  85. 
Flor.  'in.  20.  so  among  the  Gauls,  slaves  and  clients  were 
burnt  on  the  piles  of  their  masters,  Cas'  B.  G.  vi.  17.  among 
the  East- Indians  and  Thracians,  wives  on  the  piles  of  their 
husbands,  CtC'  Tusc.  v.  27*  Mel  de  sit-  orb-  ii-  2-  As  one 
man  had  several  wives,  there  was  sometimes  a  contest  a- 
mong  them  about  the  preference,  which  they  determined  by 
lot,  Prop-  iii.  7-  jElian.  7-  18-  Serv-  in  Mn-  v-  95.  Thus  also 
among  the  Romans,  friends  testified  their  affections.;  as  Plo- 
tinus  to  his  patron,  Plin-  7-  ^6-  Plautius  to  his  wife  Orestil- 
la,  Fal-  Max-  iv-  6.  3-  soldiers  to  Otho,  Tacit-  Hist^  ii-  49. 
Mnester,  a  freed-man,  to  Agrippina,  Id-  Ann-  xiv-  9.  &c« 

Instances  arc  recorded,  of  persons  who  came  to  life  again 
on  the  funeral  pile,  after  it  was  set  on  fire ;  so  that  they  could 
not  be  preserved :  and  of  others,  who  having  revived  be- 
fore the  pile  was  kindled,  returned  home  on  their  feet,  Plin, 
vii.  52.  s.  53.  xxvi.  S-  s.  8. 

The  Jews,  although  they  interred  their  dead,  {condere^ 
quam  cremare,  e  more  Mgyptio),  Tacit.  Hist.  v.  5- filled 
the  couch  on  which  the  corpse  was  laid  with  sweet  odours, 
and  divers  kinds  of  spices,  and  burnt  them,  2  Chron.  xvi. 
14.  Jerem.  xxxiv.  5. 

When  the  pile  was  burnt  down,  the  fire  was  extinguish- 
ed, and  the  embers  soaked  with  wine,  Virg.  ./En-  vi.  226. 
the  bones  were  gathered  (ossa  legebantur)  by  the  nearest  re- 
lations, Tibull.  iii.  2.  9.  with  loose  robes,  lb,  ^  Suet.  Atigo 
101.  and  sometimes  barefooted,  Suet,  ib. 


We  read  also  of  the  nearest  female  relations  gathering  the 
bones  in  their  bosom,  TibulLi.  3.  5.  Senec.  ad  Helv.  II. 
Lucan.  ix.  60.  who  were  called  Fun er^,  vel«  c^,  Serv- 
in  Virg.  /Kn.  ix.  486. 

The  ashes  and  bones  of  the  deceased  are  thought  to  have 
been  distinguished  by  their  particular  position-  Some  sup- 
pose the  body  to  have  been  wrapt  in  a  species  of  incombus- 
tible cloth,  made  of  w  hat  the  Greeks  called  Asbestos y  Plin. 
xix.  1.  s.  4.  But  Pliny  restricts  tliis  to  the  kings  of  India, 
where  only  it  was  then  know-n. 

The  bones  and  ashes,  besprinkled  with  the  richest  per- 
fumes, were  put  into  a  vessel  called  URN  A,  an  urn,  Cic. 
Tusc.i.  15-  Ovid.  Am-  iii.  9.  39.  Feralisurna,  Tacit, 
Ann-  iii.  1.  made  of  earth,  brass,  marble,  silver  or  gold,  ac- 
eording  to  the  wealth  or  rank  of  the  deceased,  Prop.  ii.  13. 
32.  Virg.  jFjH-  vi.  228-  Eutrop-  viii.  5.  Sometimes  also 
a  small  glass  vial  full  of  tears,  called  by  the  moderns  a 
JLachrymatortj,  was  put  in  the  urn- 

The  urn  wa  s  solemnly  deposited  Ccomponebatur)  in  the  se- 
pulchre, (SEPULCHRUM,  tumulus,  monumentum, 
sedesy  \t\domus,  Conditorium,  v.  -^zi>«w.  Cinerari- 
um, &c.)  Fropert.  ii.  24.  35.  Ovid.  Fast.  v.  426.  Met-  ivo 
157.  Hence  componere  to  bury,  Horat  Sat.  i-  9.  28.  Tacit. 
Hist.  i.  47.  to  shut  up,  to  end,  Firg-  Mn.  i-  378.  composito 
die,  i.  t.Jihito,  Plin.  Ep.  ii.  17. 

When  the  body  was  not  burnt,  it  was  put  into  a  coffin, 
(area,  vel  loculusJ.,  with  all  its  ornaments,  Pliri'  vii-  2.  usu- 
ally made  of  stone,  as  that  of  Numa,  Plin.  xiii-  13.  FaL 
Max.  i'  I-  12.  so  of  Hannibal,  Aur.  Fict.  iii.  42.  sometimes 
of  Assian  stone,  from  Assos,  or  -us,  a  town  in  Troas  or 
Mysia,  which  consumed  the  body  in  forty  days,  except  the 
teeth,  Plin.  ii.  98.  xxxvi.  17-  hence  called  SARCOPHA . 
GUS,  II).  which  word  is  also  put  for  any  coffin  or  tomb,  Ju- 
venal,  x.  172. 

The  coffin  was  laid  in  the  tomb  on  its  back ;  in  what  di- 
rection among  the  Romans,  is  uncertain ;  but  among  the 
Athenians,  looking  to  the  west,  jElian"  v.  &;  vii.  Plutarch^ 
in  Solon. 

Those  who  died  in  prison,  were  thrown  out  naked  on  the 
«treet.  f^iv.  xxxvin,  ^9. 


B28  ROMAN  ANTIQUITIES. 

When  the  remains  of  the  deceased  were  laid  in  the  tomb, 
those  present  were  three  times  sprinkled  by  a  priest  with 
pure  water,  faqua  pura^  vel  lustralisJ ^  from  a  branch  of 
ohve  or  laurel,  fasperg'illum)^  to  purify  them,  Serv^  in  Firg' 
j^n.  vi-  239.  Fast,  in  Laurus,  Juvenal.  ii«  158.  then  they 
were  dismissed  by  the  Pr.^fica,  or  some  other  person, 
pronouncing  the  solemn  word  I  LICET,  i.  e.  ire  licet,  you 
may  depart,  Serv.  ib-  At  their  departure,  they  used  to  take 
a  last  farewell,  by  repeating  several  times,  VALE,  or  SAL- 
VE 'Sternum,  Id.  xi.  97.  ii.  640.  adding,  Nos  te  ordi.ye, 

(^UO    NATURA    PERMISERIT,  CUNCTI  SEqUEMUR,  SerV. 

.^n.  iii-  68*  which  were  called  Verba  novissima;  also 
to  wish  that  the  earth  might  lie  light  on  the  person  buried, 
Juvenal,  vii.  207.  which  is  found  marked  on  several  ancient 
monuments  in  these  letters,  S.  T.  T.  L.  Sit  tibi  Terra 
LEY iSf  Martial,  i.  89.  v-  35- ix.  30.  and  the  grave-stone 
(CIPPUS),  Pers.  i.  37.  that  his  bones  might  rest  quietly, 
or  lie  softly,  ("inolliter  cubarent)  Ovid.  Am.  i-  8.  108.  Ep. 
vii.  162.  Trist.  iii.  3.  75.  Firg.  Eel.  x.  33-  Placide  qyi- 
ESC  AS,  Tacit.  Agric.  46*  Hence  Compositus,  buried^  Ovid. 
Fast.  V.  426.  and  positus,  lb,  480.  So  placida  compostus 
pace  quiescit,  is  said  of  Antenor,  while  yet  alive,  Id-  jEn, 
1.  149.  We  find  in  Ovid  the  contrary  of  this  wish,  Sullicitl 
Jaceant,  terraque  premantur  iniqua.  Amor,  ii-  16.  15-  as  if 
the  dead  felt  these  things.  Sometimes  the  bones  were  not 
deposited  in  the  earth  till  three  days  after  the  body  was 
burnt,  Firg-  jEn.  xi.  210- 

The  friends,  when  they  returned  home,  as  a  further  puri- 
fication, after  being  sprinkled  with  water,  stepped  over  a 
fire,  {ignem  supergrediebantur^  which  was  called  SUFFI- 
TIO,  Festus.  I'he  house  itself  also  was  purified,  and 
swept  with  a  certain  kind  of  broom  or  besom,  Cscopt^j  -a- 
ru7nj,  which  purgation  was  called  Exverrve,  v-  Everra  ; 
and  he  who  performed  it,  E VERRIATOR,  id. 

There  were  certain  ceremonies  for  the  purification  of  the 
family,  called  Feri^  Denicales,  (a  nece  appellatce^J 
Cic.  legg.  ii.  22.  Festus  ;  when  they  buried  a  thumb,  or 
some  part  cut  off  from  the  body  before  it  was  burnt,  or  a 
bone  brought  home  from  the  funeral  pile  ;  Cic.  ib.  24. 
Quinctil.  viii.  5.  21.  Senec.  bene/  xv.  24.  on  which  occasior 
a  soldier  might  be  absent  from  duty,  Gell'  xvi.  4- 


Funerals."  529 

A  place  was  held  religious,  where  a  dead  body,  or  any  part 
of  it,  was  buried,  but  not  where  it  was  burnt,  Cic'  ibid. 

For  nine  days  after  the  funeral,  while  the  fomily  was  in 
mourning,  and  employed  about  certain  solemnities  at  the 
tomb,  it  was  unlawful  to  summon  the  heir,  or  any  near 
relation  of  the  deceased,  to  a  court  of  justice,  or  in  any  other 
manner  to  molest  them,  Kuvell.  115.  On  the  ninth  day,  a 
sacrifice  was  performed,  called  NOVENDIALE,  Porphy- 
ria ad  Horat-  epod-  xvii.  48.  with  which  these  solemnities 
were  concluded,  Donat.  in  Ter.  Fhorm. 

Oblations  or  sacrifices  to  the  dead,  (INFERI/E,  velViK- 
RENT  ALIA),  were  afterwards  made  at  various  times, 
both  occasionally  and  at  stated  periods,  consisting  of  liquors, 
victims  and  garlands,  Virg.  jEn.  iii.  66.  v.  77.  94.  ix.  215, 
X.  519.  Tacit' Hist.  ii.  95.  Suet-  Cal.  3-  15.  CI.  Ih  Ner.  11, 
called  Feralia   jmunera,  Ovid.  Trist-  iii.  3-  81.    Thus 

ALICUI    INFERIAS  FERRE,  i;e/.  MITTERE,   Ct   PARENTA- 

RE,  to  perform  these  oblations,  Cir.  legg.  ii.  21.  Phil.  i.  C- 
Flacc.  38.  Parentare  regi  sanguine  conjuratoruniy  to  ap- 
pease, to  revenge,  "Z//y.  xxiv-  21-  so  Cces'B'  G.  vii.  17.  Sa- 
guntinorum  manibus  vastatione  Itali<e^  &c-  parentatum  est^ 
an  atonement  was  made  to  their  ghosts,  Flor.  ii*  6.  so  Li  • 
TARE,  Id.  ii.  5-  iii'  18-  (Parentare  proprie est  parentibus 
justa  facer e)^  Ovid-  Amor,  i- 13.  4. 

The  sepulchre  was  then  bespread  with  flowers,  and  cover.- 
ed  with  crowns  and  fillets,  SueU  Ner.  57-  Tac.  Hist.  ii.  55, 
Cic.  Flacc.  38.  Before  it,  there  was  a  little  altar,  on  whicl* 
libations  were  made,  and  incense  burnt,  Virg.  Mn.  iii.  63. 
302.  vi.  883.  A  keeper  was  appointed  to  watch  the  tomb^ 
Prop.  iii.  16.  24.  which  was  frequently  illuminated  with 
lamps,  D.  xl.  4.  44.  Suet-  Aug.  99- 

A  kind  of  perpetual  lamps  are  said  by  several  authors  to 
have  been  found  in  ancient  tombs  still  burning,  which  how- 
ever went  out  on  the  admission  of  air.  But  this  by  others  i> 
reckoned  a  fiction,  Kippingi  Antiq,  iv.  6-  14. 

A  feast  \\as  generally  added,  called  SILICERNIUM, 
{c(£na  funebris,  quasi  in  silice  posita,  Serv.  in  Virg.  jEn.  v. 
92.  vel  quod  silentcs-,  sc.  umbras,  earn  cernebant.,  vel  paren- 
tantes,  qui  non  degustabant,  Donat.  in  Ter.  Adelph.  iv.  2. 
\%}  both  for  the  dead  and  the  living.    Certain  thintrs  were 

3  Z 


530  ROMAN  ANTIQUITIES. 

laid  on  the  tomb,  commonly  beans,  Plin.  18.  12-  s-  SO-  let- 
tuces, bread,  and  eggs,  or  the  like,  which  it  was  supposed  the 
ghasts  would  come  and  eat ;  hence  Coena  fer  aus,  Juve- 
nal. V.  85.  What  remained,  was  burnt ;  for  it  was  thought 
mean  to  take  away  any  thing  thus  consecrated,  or  what  was 
thrown  into  the  funeral  pile.  Hence  Rapere  de  rogo  ccenam, 
Catull.  57.  3.  Tibull.  i.  5-  53»  EJlamma  cibum  petere^  Ter. 
Eun.  iii'  2.  38.  Bustirapus  is  applied  as  a  name  of  contempt 
to  a  sordid  person,  Plant.  Pseud,  i,  3.  127'  and  Si  lice  r- 
NiuM,  to  an  old  man,  /Vr.  ibid. 

After  the  funeral  of  great  men,  there  was  not  only  a  feast 
for  the  Iriends  of  the  deceased,  but  also  a  distribution  of  raw 
meat  among  the  people,  called  VISCERATIO,  Liv.  viii, 
22.  See  p,  349.  with  shews  of  gladiators  and  games,  which 
sometimes  continued  for  several  days,  lAv.  xxxvi.  46*  some- 
times celebrated  also  on  the  anniversary  of  the  funeral,  Firg' 
JEn.  v«  Faustus  the  son  of  Sylla  exhibited  a  shew  of  gladia- 
tors in  honour  of  his  father,  several  years  after  his  death,  and 
gave  a  feast  to  the  people,  according  to  his  father's  testament, 
Cic.  Syll.  19.  Dio,  xxxvi.  51. 

The  time  of  mourning  for  departed  friends  was  appointed 
by  Numa,  Plutarch,  in  Aum,  as  well  as  funeral  rites,  Cjus- 
ta/unebria),  and  offerings  to  appease  the  manes,  {infer i^  ad 
placandos  Manes),  Liv*  i'  20«  There  was  no  limited  time 
for  men  to  mourn,  because  none  was  thought  honourable. 
Senec.  Epist'  63-  as  among  the  Germans,  Tacit.  27.  It  usu- 
ally did  not  exceed  a  few  days,  Dio.  Ivi.  43.  Women  mourn- 
ed for  a  husband  or  parent  ten  months,  or  a  year,  according 
to  the  computation  of  Romulus,  see  p'  352.  but  not  longer, 
Senec.  ib.  ^  Consol.  ad  Hclv.  16.  Ovid.  Fast.  iii.  134. 

In  a  public  mourning  for  any  signal  calamity,  the  death  of 
a  prince  or  the  like,  there  was  a  total  -cessation  from  busi- 
ness, (JUSTITIUM),  either  spontaneously,  or  by  public  ap 
pointment,  Liv.  ix.  7-  Tacit.  Ann.  ii.  82.  Lucan-  ii.  17. 
Capitolin.  in  Antonin,  Phil.  7'  when  the  courts  of  justice  did 
not  sit,  the  shops  were  shut,  ^c.  Tacit.  Ann.  iii.  3. 4.  iv.  8o 
Suet-  Cal.  24-  In  excessive  grief  the  temples  of  the  gods  were 
struck  with  stones,  Uapidata,  i,  e.  lapidibus  impetita),  and 
their  altars  overturned,  Suet,  Cal-  5.  Senec-  vit*  beat.  36- 
Arrian  Spictet.  ii.  22. 


FUNJ'RAL:..  531 

Both  public  and  private  nifnirninff  was  laid  aside  on  ac- 
count of  the  pubUc  games,  Tacit.  Ann-  iii.  6.  Suet-  Cal.  6. 
for  certain  sacred  rites,  as  those  of  Ceres,  &c.  and  for  seve- 
ral other  causes  enumerated  by  Festus,  in  voce  minuitur. 
After  the  battle  of  Cannse,  by  a  decree  of  the  senate,  the 
mourning  of  the  matnms  was  limited  to  thirty  days,  Liv. 
xxii.  56Fal'  Mux.  i.  I  15.  Immoderate  grief  was  supposed 
to  be  offensive  to  the  ^/t2wc*,Tibull.i.  1.  67.  Stat  Sylv.  v.  1. 
179. 

The  Romans  in  mourning  kept  themselves  at  home,  Tacit- 
Inn,  iii.  3.  iv.  8.  Plin.  Ep.  ix.  13.  avoiding  every  entertain- 
ment and  amusement,  Cic.  Att-  xii.  13.  &c-  Senec  decl. 
iv.  1.  Suet.  CaL  24.  45.  neither  cuttinp:  their  hair  nor  beard. 
See  p.  467-  drest  in  black,  (LUGUBRIA  sumebant),  Ju- 
venal. X.  245.  which  custom  is  supposed  to  have  been  bor- 
rowed from  the  i^gvptians,  Serv.  in  Firg'  jEn.  xi.  some- 
times in  skins,  Festus  in  pel  lis  ;  laying  aside  every  kind 
of  ornament,  Liv.  ix.  7.  Suet.  Aug.  101.  not  even  lighting 
afire,  Scholiast,  in  Juvenal- in.  214-  ApuL  Met.  ii.  which 
was  esteemed  an  ornament  to  the  house.  Homer.  Ii  13. 
Hence  Focus  perenms,  i.  e.  sine  lucfu.  Martial,  x.  47.  4. 
pervigiU  Stat-  Sylv.  iv.  5-  \% 

The  women  laid  aside  their  gold  and  purple,  Liv.  xxxiv. 
7-  Ter*  Heaut'  ii.  3.  45.  Under  the  republic,  they  drest  in 
bJcick  like  the  men  ;  but  under  the  Emperors,  when  party- 
coloured  clothes  came  in  fashion,  thej''  wore  white  in 
mourning,  Ptutarch-  probl,  27.  Herodian.  iv.  2.  6- 

In  a  public  mourning,  the  senators  laid  aside  their  btus 
clavus  and  rings  ;  Liv.  ix.  7.  the  magistrates,  the  badges  of 
their  office,  Cic.  post.  red.  in  Sen.  5.  Tacit.  .4nn.  iii.  4.  Lu- 
can-  ii.  18.  and  the  consuls  did  not  sit  on  their  usual  seats 
in  the  senate,  which  were  elevated  above  the  rest ;  but  on  a 
common  bench,  {sede  vulgari),  Tacit  Ann.  iv.  8.  Dio,  Ivi.. 
31.  Dio  says  that  the  senators  in  great  mourning  appear- 
ed in  the  dress  of  the  Equites.,  xl.  46, 

The  Romans  commonly  built  tombs  {sepulchre  v»  condito- 
ria)  for  themselves  during  their  lifetime,  Senec.  brev,  vit-  20, 
thus  the  MAUSOLEUM  (ft^vo-oAwov)  of  Augustus  in  the 
Campus  Martius  Jjctween  the  via  Flaminia  and  the  bank  of 
the  Tiber,  with  woods  and  v/alks  around,  Sjiet.  Au^.  101,. 


532  ROMAN  ANTIQUITIES. 

Strab.  V.  p-  236.  Hence  these  words  frequently  occur  in 
ancient  inscriptions,  V.  F.  Vivus  Fecit  ;  V.  F.  C.  Vi- 

VUS  FACIENDUM  CURAVIT  ;  V.  S.  P.  ViVUS  SIBI  PC- 
GUI  T  ;  also  Se  VIVO  FECIT.  If  they  did  not  live  to  finish 
them,  it  was  done  by  their  heirs,  SucU  Aug.  101.  who  were 
often  ordered  by  the  testament  to  build  a  tomb,  Hor.  Sat, 
ii.  3.  84.  &  5.  105.  Plin.  Ep.  vi.  10.  and  sometimes  did  it 
at  their  own  expence,  (de  s\JOvel  de  sua  pecunia). 
Pliny  complains  bitterly  of  the  neglect  of  friends  in  this  re- 
spect, Ibid, 

The  Romans  erected  tombs  either  for  themselves  alone, 
with  their  wives,  (SEPULCHRA  priva,  t;£>/SiNGULA- 
ria),  or  for  themselves,  their  family,  and  posterity,  (com- 
munia),  Cic.  Off.  I.  17.  FAMiLiARiA  et  hereditaria. 
Martial,  i.  117.  Cod.  13.  likewise  for  their  friends,  who 
were  buried  elsewhere,  or  whose  bodies  could  not  be  found, 
(CENOTAPHION,  ve/ Tumulus  honorarius,  Suet' 
CL  1.  vel  iNANis,  Virg.  JEn-  iii.  304.  Borat.  Od.  ii-  20,21.) 
Tacit.  Ann-  i-  62.  When  a  person  falsely  reported  to  have 
been  dead  returned  home,  he  did  not  enter  his  house  by  the 
door,  but  was  let  down  from  the  roof  {quasi  c^litus  missus), 
Plutarch,  q.  Rom.  5. 

The  tombs  of  the  rich  were  commonly  built  of  marble, 
Cic.  Fam-  iv.  12.  Tibull.  iii.  2.  22.  the  ground  inclosed 
with  a  wall,  {maceria)^  Suet.  Ner.  33-  50.  or  an  iron  rail, 
ijerrea  sepe),  Strab-  v.  p.  236.  and  planted  round  with  trees, 
Martial-  i.  89.  3.  as  among  the  Greeks,  Pausan.  ii.  15. 

When  several  diiferent  persons  had  a  right  to  the  same 
burying-ground,  it  was  sometimes  divided  into  parts,  and 
each  part  assigned  to  its  proper  owner. 

But  common  sepulchres  were  usually  built  below  ground, 
and  called  HYPOG^A,  Petron-  71-  many  of  which  still 
exist  in  diiferent  parts  of  Italy,  under  the  name  o[  catacombs- 
There  were  niches  cut  out  in  the  walls,  in  which  the  urns 
were  placed  ;  these,  from  their  resemblance  to  the  niches  in 
a  pigeon-house,  were  called  Columbaria' 

Sepulchres  were  adorned  with  various  figures  in  sculp- 
ture, which  are  still  to  be  seen,  Cic.  Tusc.  Q.  v.  23.  Ftrgc 
M>n.  vi-  233-  with  statues,  Liv.  xxxviii.  56.  columns,  &c. 

But  what  deserves  particular  attention? is  the  inscription 


Funerals.  5'33 

or  epitaph,  (TITULUS,  i-iy?x(Pn,  EpixArnruM,  w/Elo- 
gium),  expressed  sometimes  in  prose,  and  sometimes  in 
verse,  Ovid.  Her.  xiv.  128.  Martial'  x.  71.  Cic'.  Tusc.  i. 
14.  Jrch-  11.  Senect-  xvii-  20.  Fin-  ii-  35-  Pis- 29.  Virgl 
Eel.  V.  43.  SueU  CI.  12.  Plin-  ep-  ix-  20-  Sil.  xv.  44.  usu- 
ally beginning  with  these  letters,  D.  M-  S.  Dis  Manibus 
Sacrum,  Prudffnt.  Symmach.  i.  402.  Gell.  x.  18.  vel  Me- 
MORiit,  Suet.  Fit.  10.  then  the  name  of  the  person  followed, 
his  character,  and  the  principal  circumstances  of  his  life* 
Often  these  words  are  used,  Hic  situs  est  vel  jacet, 
Ovid-  Met.  ii.  378.  Fast.  iii.  373.  Tibull.  I  3-  55.  iii,  2-  29. 
Martial,  vi.  52.  /^ir.?-.  vii-  3.  Plin.  ep.  vi.  10.  Senec.  ep.  78. 
If  he  had  lived  happily  in  marriage,  thus,  Sine  (querela, 
SINE  juRGio,  vel  offensa,  vt\  discordia,  Plin.  ep.  viii*  5. 

When  the  body  was  simply  interred  without  a  tomb,  an 
inscription  was  sometimes  put  on  the  stone  coffin,  as  on  that 
of  Numa,  Liv-  xl.  29. 

There  was  an  action  for  violating  the  tombs  of  the  dead, 
(Sepulchri  violati  actio),  Cic.  Tusc.  i.  12-  Senec, 
Contr,  iv-  4*  The  punishment  was  a  fine,  the  loss  of  a  hand, 
{maniis  amputatio) ;  working  in  the  mines,  (damnatio  ad 
metallum,)  banishment  or  death. 

A  tomb  was  violated  by  demolition,  by  converting  it  to 
improper  purposes,  or  by  burying  in  it  those  who  were  not 
entitled,  (alienos  inferendo)^  Cic.  legg.  ii*  26.  D.  de  sep. 
viol.  47-  12.  Tombs  often  served  as  lurking  places  for  the 
persecuted  Christians,  Chrysost.  Horn.  40-  and  others.  Mar- 
tial.  \.  35.  iii.  92.  15. 

The  body  was  violated  by  handling,  /.  4.  C.  de  sep.  viol. 
ix.  19.  or  mutilating  it,  which  was  sometimes  done  for  ma- 
gical purposes,  Quinctil.  decl.  15-  Aptd.  Met.  ii.  Tacit-  .4nn, 
ii.  69.  by  stripping  it  of  any  thing  valuable,  as  gold^  armsj 
&.C.  Id.  69.  Phadr.  i.  27.  3.  or  by  transporting  it  to  another 
place,  without  leave  obtained  from  the  Pontifex  MaximuSy 
from  the  Emperor,  or  the  magistrate  of  the  place,  Dig.  &f 
Cod.  Plin.  Ep.  X.  73.  &  74. 

Some  consecrated  temples  to  the  memory  of  their  friends, 
as  Cicero  proposed  to  his  daughter  Tullia  ;  which  design 
he  frequently  mentions  in  his  letters  to  Atticus,  xii.  18.  19. 
35.  36-  41.  43,  &c-  Lactam,  i.  15.    This  was  a  very  an- 


534  ROMAN  ANTIQUITIES. 

cient  custom,  Plin.  27-  and  probably  the  origin  of  idolatry, 
fVisd'  xiv.  15- 

The  highest  honours  vvere  decreed  to  illustrious  persons 
after  death,  Minuc'  Fdix'  in  Octav-  The  Romans  worship- 
ped their  founder  Romulus,  as  a  god,  under  the  name  of 
Q 'irinus,  Liv-  i-  16  Hence  afterwards  the  solemn  CON- 
SECRATION (.uvoB-tuTii)  of  the  Emperors,  by  a  decree  of 
the  senate,  Herodian-  iv-  2-  who  were  thus  said  to  be  ranked 
in  the  number  of  the  gods,  {in  deorum  numerum,  inter  vel 
in  deos  referri^  Suet»  Caes-  88-  caelo  dicari,  Plin- Pan.  11-  &c-) 
also  some  Empresses,  Suet-  CI.  11-  Tacit-  Ann.  v-  2-  xvi. 
21-  Temples  and  priests  were  assigned  to  them,  see  p.  334. 
They  were  invoked  with  prayers,  Virg.  G.  i-  42.  Men 
swore  by  their  name  or  genius,  and  oifered  victims  on  their 
altars,  Horat.  epi  ii.  1.  16. 

The  real  body  was  burnt,  and  the  remains  buried  in  the 
usual  manner.  But  a  waxen  image  of  the  deceased  was 
made  to  the  life  ;  which,  after  a  variety  of  ridiculous  cere- 
monies paid  to  It  for  seven  days  in  the  palace,  was  carried  on 
a  couch  in  solemn  procession  on  the  shoulders  of  young 
men  of  equestrian  and  patrician  rank,  first  to  the  Forum^ 
where  the  dirge  was  sung  by  a  choir  of  boys  and  girls  of  the 
most  noble  descent ;  then  to  the  Campus  Martiusy  where  it 
was  burnt,  with  a  vast  quantity  of  the  richest  odours  and 
perfumes,  on  a  lofty  and  magnificent  pile  ;  from  the  top  of 
■which,  an  eagle  let  loose  was  supposed  to  convey  the  prince's 
soul  to  heaven,  Herodtan.  iv*  3. 

ROMAN  WEIGHTS  AND  COINS. 

THE  principal  Roman  weight  was  AS  or  libra^  a  pound  i 
which  was  divided  into  twelve  parts,  or  ounces,  (UN- 
CliE)  :  thus,  uncia,  an  ounce,  or  iV  of  an  as  ;  sextans^  2 
ounces,  or  j%,  gnadransj  3,  A,  or  ^  ;  triens,  4,  it,  or  i  ; 
quincunx^  5,  or  iS  ;  semis,  6,  or  ^  ;  septunx,  7,  or  t\  ;  bes^, 
or  bessis^  8,  A,  or  f ;  dodrans,  9,  i^,  or  I  ;  dextansj  or  de- 
cunXy  10,  TT.  or  | ;  deunXj  11  ounces,  or  i-i  of  an  as* 

The  UNCIA  was  also  divided  thus,  semiincia,  7,  the  half 
of  an  ounce,  or  ^^4  of  an  as  ;  duella^  ir,  sicilicusj  vel  -um,  i ; 
sex  tula,  i;  drachma,  1;  hemiseschy  i.  e«  semisextula,  rV  ; 
tremissis,  scrupulus,  scriptulum   vel  scripuUinii  j^  of  an 
ounce,  or  ttt  of  an  aS)  Varr»  L.  L*  iv.  36. 


Weights  and  Coins.  535 

i\S  was  applied  to  any  thing  divided  into  twelve  parts  ; 
as,  an  inheritance,  sec  f).  66.  an  acre,  LiiK  viii-  11- liquid 
measure,  see  p-  495.  or  the  interest  of  money,  he.  Hence 
proI)abiy  our  word  ace,  or  unit*  • 

The  Roman  pound  was  equal  to  10  ounces,  18  penny- 
weights, \?-r  grains  of  English  Troij  weight,  or  nearly  12 
ounces  AvoirdiipojS' 

The  Greek  \\eights  mentioned  by  Roman  autliors,  arc 
chi(  fly  the  talent,  divided  into  60  mina,  and  the  mina  into 
100  drachniiE'  The  mina  was  nearly  equal  to  the  Roman 
libra. 

English  TROY  weight,  by  which  silver  and  gold  are 
weighed,  is  as  follows  ;  24  grains,  1  penny,  weight ;  20 
dwt.l  ounce;  12  oz.l  pound,  ^nt  Apothecaries,  m  com.- 
pounding  medicines,  make  20  grains  1  scruple  ;  3  s«  1 
draclim  ;  8.  dr.  1  ounce ;  12  oz.  1  pound.  Avoirdupois 
weight,  by  which  larger  and  coarser  commodities  are 
weighed,  16  drachms,  one  ounce  ;  16  oz*  1  pound. 

The  Romans,  like  other  ancient  nations,  Strab.  iii.  155-  at 
first  had  no  coined  money,  (pecunia  signatd),  but  either  ex- 
changed commodities  with  one  another,  or  used -a  certain 
weight  of  uncoined  brass,  (/es  eude),  or  other  metal: 
Hence  the  various  names  of  money  also  denote  weight ;  so 
pendere  for  solvere,  to  pay '-,  stipendiiim,  (a  stipe  pendendaj^ 
soldiers'  pay,  Festiis ;  because  at  first  it  was  weighed,  and 
not  counted.  Thus,  talentum  and  mina  among  the  Greeks, 
shekel  among  the  Hebrews,  and  pound  among  us. 

Several  Greek  words  are  supposed  to  allude  to  the  original 
custom  of  exchanging  commodities,  thus,  u^wy^ai,  to  pur- 
chase or  exchange,  by  giving  a  lamb,  («/)?,  a^va?,  agtius) ;  *»'- 
ofLxi,  by  giving  an  ass,  (^vo?,  asinus);  "xuXiea,  by  giving  a  foal, 
Tw>.«5,  [equuleiis),  or  the  young  of  any  animal. 

Servius  TuUius  first  stamped  pieces  of  brass  with  the  im- 
age of  cattle,  oxen,  swine.  Sec.  (Pecudes),  whence  PI^CU- 
NT  A,  money,  Ovid.  Fast.  v.  281-  {Servius  rex  ovium  ho- 
umque  effi,gie  primus  i^s  signavit,  Plin.  xxxiii.  3.  J^sp^core 
tiotavit ;  Varro,  R-  R-  ii.  1-  Plutarch-  q-  Rom.  40.)  Silver 
was  first  coined,  A.  U.  484-  five  years  before  the  first  ?unic 
war,  or,  according  to  others,  A.  U.  498-  and  gold,  sixty-two 
years  after,  Plin-  xxxiii-  3.  40.  Xfr.-  eP  v^-    ^'r\v^v  coins 


536  ROMAN  ANTIQUITIES. 

however  seem  to  have  been  in  use  at  Rome  before  that 
time,  but  of  foreign  coinage,  Liv.  viii.  11.  The  Roman 
coins  v*^ere  then  only  of  brass. 

Hence  iES,  or  icra,  plur.  is  piit  for  money  in  general,  Ho- 
rat'  art.  p-  345.  ep'  1-  !•  23.  Aureos  nummos  as  dicimus,  Ul- 
pian.  jEre  mutare,  to  buy  or  sell ;  as  alienum^  debt ;  annua 
xra^  yearly  pay,  Liv.  v.  4.  <erarium,  the  treasury ;  as  militare^ 
money  for  paying  the  soldiers,  given  from  the  treasury  to 
the  Quaestor  by  the  Tribiini  ararii,  Ascon-  et  Fest-  or  by 
them  to  the  soldiers,  Farn  L-  L.  iv.  36-  Homo  aratits,  a  mo- 
nied  man,  Plant.  Most,  iv-  2.  9.  as  some  read  the  passage : 
So  tribuni  non  tarn  cerati,  i.  e-  bene  nummati,  quam  ut  ap 
pellantury  ararii,  h  e.  asre  corrupti,  in  ararios  aut  Ctsrites 
reserendiy  Cic.  Att.  i- 16.  Seep.  137  jEra  vetusta,  i-  e.  pris- 
ca  moneta,  ancient  money ;  Ovid.  Fast,  i-  220.  but  .Mra 
Vetera^  old  crimes  or  debts  ;  Cic'  Verr.  v.  13.  ./Ertiscare  vel 
^sculariy  to  get  monej''  by  any  means  ;  Fest-  et  Senec-  de 
clem.  ii.  6'  JEruscator^  vel  esculator^  a  low  beggarly  fellow, 
a  fortune-teller,  or  the  like.  Gel-  ix.  2.  xiv.  1-  obaratus^  op- 
pressed with  debt,  a  debtor.  Liv.  26-  40.  Cas.  B.  G-  i.  3. 
7acit.  AnU'  vi*  17.  In  meo  are  est,  i.  e.  in  bonis  meis,  vel  in 
meo  cefisu,  mine,  my  friend,  Czc  Fam-  xiii.  62.  xv.  14»  ies 
circumforaneum^  money  borrowed  from  bankers  {argentarii)^ 
who  had  shops  in  porticos  round  the  Forum,  Cic-  Att.  ii.  1. 

Money  was  likewise  called  STIPS  (a  stipando),  from  be- 
ing crammed  in  a  cell,  that  it  might  occupy  less  room,  Farr, 
L'  L.  iv.  36'  But  this  word  is  usually  put  for  a  small  coin, 
as  we  say  a  penny,  or  farthing,  offered  to  the  gods  at  games 
or  the  like,  Cic.  legg.  ii.  16.  Liv.  25.  12.  Tacit.  Ann*  xiv. 
15.  Suet.  Aug.  57-  or  givai  as  an  alms  to  a  beggar.  Id-  91. 
or  to  any  one  as  a  new  year's  gift,  (strena),  Id.  Cal.  42. 
or  by  way  of  contribution  for  any  public  purpose,  P/iw. 
xxxiii.  10.  s.  48.  xxxiv.  5. 

The  first  brass  coin  ('nummus  vel  wwwa^  afis,  fl  Numa 
rege,  vel  a  ^of^i  lex),  was  called  AS,  (anciently  assrs,  from 
as);  of  a  pound  weight,  (Jibralis).  The  highest  valuation  of 
fortune  (census  maximus)  under  Servius,  was  an  100,000 
pound  weight  of  brass,  {centum  millia  aris,  sc.  assium,  vel  li- 
brarum),  Liv.  i.  43- 

The  other  brass  coins,  besides  the  asy  were  scmisses^  tri' 


Weights  jwrf  Coins.'  ^3*! 

entes,  guadrantes,  and  scxtantes.  The  quadrmis  is  also  call- 
ed TERUNCius,  Cic.  Fam.  ii-  17.  Att'y.  20.  (a  tribiis unci- 
's)^ Plin.  xxxiii.  3-  s.  13. 

These  coins  at  first  had  the  full  weight  which  their  names 
imported,  hence  in  later  times  called  /ES  GRAVE,  Plin, 
xxxiii.  3.  s.  13. 

This  name  was  used  particularly  after  the  weight  of  the  as 
was  diminislied,  to  denote  the  ancient  standard,  Liv-  iv.  41, 
60.  V.  12-  Senec.  ad  Helv.  12.  because  when  the  sum  was 
large,  the  asses  were  weighed  and  not  counted.  Servius  oil 
Virgil  makes  as  grave  to  be  lumps  {mass*)  of  rough  copper, 
or  uncoined  brass,  (^m  riidis)^  iEn.  vi-  862. 

In  the  first  Punic  war,  on  account  of  the  scarcity  of  mo- 
ney, asses  were  struck  weighing  only  the  sixth  part  of  a 
pound,  or  two  ounces  ;  {asses  sextantario  pondere  ferieban- 
tiir)^  which  passed  for  the  same  value  as  those  of  a  pound 
weight  had  done  ;  whence,  says  Plinj%  the  Republic  gained 
five  sixths,  [ita  qidnque  partes  factit  lucri).,  and  thus  dis- 
charged its  debt.  The  mark  of  the  as  then  was  a  double  Ja- 
nus on  one  side,  and  the  beak  or  stern  of  a  ship  on  the  other, 
Plutarch,  q-  Rom.  40.  See  Ovid.  Fast.  i.  229.  &c.  of  the 
triens  and  quadrans,  a  boat,  (rates);  whence  they  are  some- 
times called  Ratiti,  Festus,  Plin.  ibid- 

In  the  second  Punic  war,  while  Fabius  was  dictator,  the 
asses  were  made  to  weigh  only  one  ounce,  func'iales)  ;  and 
afterwards,  by  the  law  oi  Papirius,  A.  U-  563.  half  an 
ounce,  Csemunciales),  Plin.  xxxiii.  3.  s.  13. 

The  sum  of  three  asses^  was  called  fressis  ;  of  ten  asses-, 
decussis;  oi twci^X-y ^vicessis ;  and  so  on  to  a  hundred,  Ce n- 
r  us  SIS,  Varr.  L'  L.  iv.  36-  viii.  49.  Pers.  v.  76.  191. 
Gell'  XV.  15.  Macrob'  Sat-  ii.  13-  but  there  were  no  such 
coins. 

The  silver  coins  were  DENARIUS,  the  value  of  which 
was  ten  asses  or  ten  pounds  of  brass,  ( Deni  <eris,  sc.  asses)^ 
marked  with  the  letter  X. — QUINARIUS,  five  asses, 
marked  V,— and  SESTERTIUS,  two  asses  and  a  half, 
(quasi  SEsquiTERTius),  commonly  mailed  by  the  let- 
ters L.  L-  S.  for  lAbra  libra  semis  ;  or  by  abbreviatioUy 
H.  S.  and  often  called  absolutely  NUMMUS,  because 
it  was  in  most  frequent  use,  Cic.  Ferr-  'm   60-  ?c  <^>I 

4  A 


538  ROMAN  ANTIQUITIES, 

The  impression  on  silver  coins,  Cnota  argentij  was  usu- 
ally on  one  side,  carriages,  drawn  by  two  or  four  beasts, 
(bige  vel  quadrigd)  ;  whence  they  are  called  BIGATI  and 
QUADRIGATI,  se.  nummiy  Plin.  xxxiii.  3»  Liv.  xxii. 
52.  xxiii.  15.  and  on  the  reverse,  the  head  oi  Roma  with  an 
helmet. 

On  some  silver  coins  was  marked  the  fi^re  of  victory, 
hence  called  VICTORIATI,  Cic.  Foni.^S-  Quinctil.vi.S, 
stamped  by  the  Clodian  law,  Flin.  xxxiii-  3.  of  the  same 
value  with  the  quinarii- 

From  every  pound  of  silver  were  coined  100  denarii  ;  so 
that  at  first  a  pound  of  silver  was  equal  in  value  to  a  thou- 
sand pounds  of  brass-  Whence  we  may  judge  of  the  scar- 
city of  silver  at  that  time  in  Rome.  But  afterwards  the  case 
was  altered.  For  when  the  weight  of  the  as  was  diminish- 
ed, it  bore  the  same  proportion  to  the  denarius  as  before^ 
till  it  was  reduced  to  one  ounce ;  and  then  a  denarius  passed 
for  sixteen  assesj  (except  in  the  military  pay,  in  which  it 
continued  to  pass  for  ten  asse^^  at  least  under  the  republic, 
Plin.  xxxiii.  3.  for  in  the  time  of  Tiberius  it  appears  no 
such  exception  was  made.  Tacit.  Ann-  i-  17.)  a  quinarius 
for  eight  asses,  and  a  sestertius  for  four  ;  which  proportion 
continued  when  the  as  was  reduced  to  half  an  ounce,  Plin. 
ibid.  Hence  argentum  are  solutum,  i.  e.  an  as  for  a  sesterti- 
lis,  or  the  fourth  part,  Sail.  Cat.  33.  See  p^  50. 

But  the  weight  of  the  silver  money  also  varied,  and  was 
different  under  the  emperors  from  what  it  had  been  under 
the  republic. 

Varro  mentions  silver  coins  of  less  value :  L  i  b  e  l  l  a  ,  worth 
an  as,  or  the  tenth  part  of  a  denarius  ;  Se  m  b  e  l  l  a  ,  (quasi  se~ 
milibella),  worth  half  a  pound  of  brass,  or  the  twentieth  part 
of  ar/ewflnw^,  and  TERUNcius,  thefortiethpart  of  a  denari- 
us, Varro  de  ling..  Lat-  iv.  36-  But  Cicero  puts  the  libella  for 
the  smallest  silver  coin,  Ferr-  ii«  10-  Rose-  C'  4-  as  well  as 
the  teruncius,  Firy.  iii.  14.  Att.  v.  20*  Fam.  ii.  17*  this, 
however,  he  does  only  proverbially ;  as  we  say  a  penny  or 
a/firthiTig' 

A  golden  coin  was  first  struck  at  Rome  in  the  second 
Punic  war  in  the  consulship  of  C.  Claudius  Nero  and  M. 
Livius  Salinator,  A.  U-  546.  called  AUREUS,  or  aureus 
nummuSi  equal  in  weiglu  to  two  denarii  and  a  quinarius. 


Weights  o«</ Coins.  539 

and  in  value  to  twenty-five  denarii,  or  100  sestertii^  Suet. 
Oth-  4.  Tacit.  Hist.  1.  24.  Hence  the  fee  Jillovved  to  ht 
taken  by  a  lawyer  is  called  by  Tacitus  dena  sestertia,  Ann. 
xi.  7.  by  Winy  decern  milUa,  sc  H.  S.  Ep  v.  21.  and  by 
Ulpian  CENTUM  aurei,  D.  1.  12*  de  extr.  cognit.  Seep. 
202-  all  of  which  were  equivalent- 

The  common  rate  of  g'^ld  to  silver  under  the  republic  was 
tenfold  ;  Cid  pro  argentis  decern  aureus  wmsvaleretj,  Liv. 
38-  11.  But  Julius  Caesar  got  so  much  gold  by  plundering, 
that  he  exchanged  it  fpromercale  divideretj  for  3000  ses- 
tertii or  750  denarii  the  pound,  !•  e.  a  pound  of  gold  for  71- 
pounds  of  silver,  Suet.  C<es.  54. 

The  aureus  in  later  ages  was  called  SOLIDUS,  but  then 
greatly  inferior,  both  in  weight  and  beauty,  to  the  golden 
coins  struck  under  the  republic  and  first  emperors,  Lam- 
prid'  in  Alex.  39- 

At  first  forty  aurei  were  made  from  a  pound  of  gold, 
with  much  the  same  images  as  the  silver  coins.  But  under 
the  later  emperors  they  were  mixed  with  alloy  ;  and  thus 
their  intrinsic  value  was  diminished*  Hence  a  different 
number  of  flz/r<?z  were  made  from  a  pound  of  gold  at  differ- 
ent times  ;  under  Nero  45,  Phn.  33'  3»  but  under  Constan- 
tine  72. 

The  emperors  usually  impressed  on  their  coins  their  own 
image,  Juvenal-  xiv.  29 1*  This  was  first  done  by  Julius 
Ccesar,  according  to  a  decree  of  the  senate,  Dio'  xliv.  4. 

The  essay  or  trial  of  gold  was  called  OBRUSSA,  Plin- 
33.  3.  Cic-  Brut.  74.  Senec.  Ep.  13.  s  19-  hence  aurum  ad 
ohrussam,  sc  exactum,  the  purest  gold.  Suet-  JVer.  44-  AR- 
GENTUM  pusTULATUM,  the  finest  silver.  Ibid.  Mar- 
tial.  vii.  85-  vel  purum  putum,  GelL  vi.  5.  ARGENTUM 
infectum  vel  rude,  bullion,  unwrought  or  uncoined  silver ; 
factum,  plate  ;  signatum,  coined  silver,  Liv-  xxvii.  18, 
xxxiv.  52.  NUMMUS  asper,  new-coined,  Suet.  ib.  Se- 
nec. E.p.  19-  vetus  vel  tritus.,  old,  Sec- 
Some  coins  were  indented,  fserratiJ^  Tacit,  de  Mor-  Ger- 
man. 5. 

Besides  the  ordinary  coins,  there  were  various  medals 
struck  to  commemorate  important  events,  properly  called 
Medallions  j  for  wh^it  we  commonly  term  Eomcin  me^ 


640  ROMAN  ANTIQUITIES, 

dalsy  were  their  current  money.  When  an  action  deserved 
to  be  recorded  on  a  coin,  it  was  stamped  and  issued  out  of 
the  mint* 

Money  was  coined  in  the  temple  oi  Juno  Mo  net  a; 
whence  money.  The  consuls  at  first  are  thought  to  have 
had  the  charge  of  it.  But  particular  officers  were  after waids 
created  for  that  purpose.  See.  p.  158. 

There  are  several  Grecian  coins  mentioned  by  Roman 
writers,  some  of  them  equal  to  Roman  coins,  and  some  not ; 
DRACHMA,  equal  to  a  denarius  :  but  some  make  it  to 
be  as  nine  to  eight ;  MINA,  equal  to  100  drachmce,  or  to  a 
Roman  ^(^ra  or  pound  of  silver,  Plin.  xxi.  34-  TALEN- 
TUM,  equal  to  sixty  mined^  or  Roman  pounds  :  TE- 
TRADRACHMA  vel  -um,  equal  to  four  drachmts  or  dena- 
riiy  as  its  name  imports,  Ziiv.  xxxvii.  46,  Cic.  Fam.  xii.  13- 
but  Livy,  according  to  the  common  reading,  makes  it  three 
denarii,  Liv.  xxxiv.  52.  OBOLUS,  the  sixth  part  of  a  de- 
'  narius  or  drachma,  Plin.  xxi.  34. 

METHOD  OF  COMPUTING  MONEY.* 

THE  Romansusuallycomputedsumsof  money  by  SES- 
TERTII or  SESTERTIA.  Sestertium  is  the  name 
of  a  sum,  not  of  a  coin. 

When  a  numeral  noun  is  joined  with  sestertii,  it  means 
just  so  many  sesterces  ;  thus,  decern  sestertii,  ten  sesterces  : 
but  when  it  is  joined  with  sestertia,  it  means  so  many  thou- 
sand sestertii ;  thus,  decern  sestertia,  ten  thousand  sesterces- 

SESTERTIUM,  MtUe  sestertii,  mille  numtni  v.  sestertii 
nummi ;  mille  sestertium,  mille  nurnmum  vel  sestertium, 
nummum  mille  ;  H  S.  vel  H-  S.  2500  eris,  sc.  asses  ;  250 
denarii  vel  drachma  denote  the  same  sum. 

When  a  numeral  adverb  is  joined  to  sestertium,  it  means 
so  many  hundred  tliousand  sestertii  ;  thus,  quadragies  ses- 
tertium  is  the  same  with  quadragies  centena  millia  sestcrtio- 
rum  nummorum,  or  quater  miilies  mille  sestertii,  four  mil- 
lions  of  sestertii-  Sometimes  the  adverb  stands  by  itself, 
and  denotes  the  same  thing  ;  thus,  decies,  vicies,  vel  vige- 


*  To  avoid  the  frequent  repetitions  that  would  otherwise  be  necessary, 
the  reader  is  requested  to  observe,  tliat  tliroughout  this  section,  the  pounds, 
&hilljDgs,  and  pence,  are  unifornnly  sterling  money. 


Method  c/ Computing  Monev.  541 

sies,  sc.  sestertium  ;  expressed  more  fully,  decies  centena, 
sc.  mi/Ha  sestertium,  Herat.  Sat.  i.  3.  15.  Juvenal,  x.  335. 
and  completely,  Cic.  Verr.  i-  10.  So  also  in  sums  of  brass, 
decies  (Pris,  sc.  centena  milha  assium,  Liv.  xxiv.  11.  For 
when  we  say  deni  eeris,  centum  ceris,  &c.  asses  is  always  to 
be  supplied- 

When  sums  are  marked  by  letters,  if  the  letters  have  a  line 
over  them,  centena  millia  is  understood,  as  in  the  case  of  the 
numeral  adverbs  ;  thus,  H.  S.  M.  C-  signifies  the  same  with 
millies  centies,  i.  c.  110,000,000  sestertii  or  mwimi,  L. 
888,020  :  16  :  8  ;  whereas  H.  S.  M.  C.  without  the  cross 
line,  denotes  only  1100  sestertii,  L.  8  :  17  :  7^. 

When  the  numbers  are  distinguished  by  points  in  two  or 
three  orders,  the  first  towards  the  right  hand  signifies  units, 
the  second  thousands,  and  the  third  hundred  thousands  ; 
tlius.  III.  XII-  DC.  HS-  denotes  300,000  ;  12,000,  and  600 
H-  S.  in  all  making  312,600  sestertii,  L.  5047  :  3  :  9- 

Pliny  says,  xxxiii.  3'  that  seven  years  before  the  first  Pu- 
nic war,  there  was  in  the  Roman  treasury  auri  pondo  XVI. 
DCCCX.  argenti  pondo,  XXII.  LXX.  et  in  numerato^ 
LXII.  LXXV.  CCCC.  that  is,  16,810  pounds  of  gold, 
22,070  pounds  of  silver,  and  in  ready  money,  6,275,400 
5 w^cr??'?,  L.  50,741 :  10:  1\.  But  these  sums  arc  other- 
wise marked  thus,  auri  pondo  XVI.  M.  DCCCX,  argenti 
XXII.  M.  LXX.  et  in  numeratoLXU. LXXV.  M.  CCCC„ 
When  sestertium  neut.  is  used,  pondo  is  understood,  that 
is,  two  pounds  and  a  half  of  silver,  or  a  thousand  sestertii, 
Liv.  xxii.  23. 

When  H.  S.  or  sestertium  is  put  after  decern  millia  or  the 
like,  it  is  in  the  genitive  plural  for  sestertiorum,  and  stands 
for  so  many  sestei'tii,  which  may  be  otherwise  expressed  by 
decern  sestertia,  &c.  But  sestertium,  when  joined  with  de- 
ries  or  the  like,  is  in  the  nominative  or  accusative  singulars, 
and  is  a  compendious  way  of  expressing  decies  centies  ses- 
tertium, i.  e.  decies  centum  vel  decies  centena  millia  sestet' 
tium  v.  sestertiorum. 

The  Romans  sometimes  expressed  sums  by  talents;  thus, 
decern  millia  talentum,  and  sestertium  bis  millies  et  quadrin- 
gentics,  are  equivalent,  Cic.  Rabir-  Post'  8.  So  100  talents 
-^nd  600;000  denarii,  Liv.  xxxiv-  50 — or  by  pounds,  (LI- 


542  ROMAN  ANTIQUITIES: 

BRiE  pondo,  i.  e.  ponder e  in  the  ablative,  for  these  words 
are  often  joined,  as  we  say  pounds  in  weight ;  and  when 
PONDO  is  put  by  itself  as  an  indeclinable  noun,  for  a 
pound  or  pounds  ;  it  is  supposed  even  then  by  the  best  cri- 
tics to  be  in  the  ablative,  and  to  have  libra  or  libra  under- 
stood. ('/$'(?£•  Gronovius  de  pec.  vet. J,  Plaut.  Pseud-  iii.  2„ 
27.  Rud.  iv.  2-  9.  Men-  iii.  3.  3-  £sP  18-  Macrob-  Sat-  iii.  15. 
Columel  xii.  20.  28.  Liv.  xxvi.  47.  iii.  29.  iv.  20.  xxii-  23. 
Gell.  ii.  24.  xx.  I.  Ci^r-  Cluent,  64.  Invent,  ii.  40.  Farad. 
Hi-  1. 

The  Roman  /z'^^ra  contained  twelve  ounces  of  silver,  and 
was  worth  about  L.  3  Sterling  ;  the  talent,  nearly  L.  193- 

But  the  common  computation  was  by  sestertii  or  nummi, 

A  SESTERTIUS  is  reckoned  to  have  been  worth  of 
money  one  penny  3^  farthings  ;  a  QUINARIUS  or  victo- 
Tiatusy  3d.  3l  q.  a  DENARIUS,  7d.  3q.  the  AUREUS,  or 
gold  coin,  16  s.  Hd.  a  SESTERTIUM,  or  a  thousand  ses~ 
tertiiy  L.  8  :  1 :  5^. — ten  sestertii.  Is.  7d.  laq. — an  hun- 
dred sestertii,  16s.  Id.  3q —  ten  sestertia,  or  10,000  ses- 
tertii, L.  80  :  14  :  7. —  an  hundred  sesiertia,  vel  deciesses- 
tertium,  vel  decies  centena  millia  nummum,  v.  sestertium,  or 
100,000  sestertii,  L.  8072  :  8  :  4  — Centies,  vel  Centies  H. 
S.  L.  80,729  :  3  :  4  \-^Millies  H.  S-  L.  807,291  :  13  :  4  ; 
'—Millies  Centies  H'  S.  L.  888,020  :  16  :  8,  &c.  Hence  we 
may  form  some  nation  of  certain  instances  on  record  of  Ro- 
man wealth  and  luxury. 

Crassus  is  said  to  have  possessed  in  lands  bis  millies,  i.  c. 
L.  1,614,583:  6:  8,  besides  money,  slaves,  and  household - 
furniture,  Plin,  xxxiii.  10.  s.  47.  which  may  be  estimated 
at  as  much  more,  {alterum  tantum).  In  the  opinion  of  Cras- 
sus, no  one  deserved  to  be  called  rich  who  could  not  main- 
tain an  army,  Cic.  Off.  i.  8.  or  a  legion,  Plin.  xxxiii.  10. 
—Seneca,  ter  millies,  L- 2,421,875.  Tacit.  Ann.  xiii.  42- 
— Pallas  the  freedman  of  Claudius,  an  equal  sum.  Id.  xii. 
53. — Lentulus  the  augur,  quater  millies,  L.  3,229,166  : 
13  :  4.  Senec.  de  benef.  ii.  27. — C.  Caecilius  Claudius  Isi- 
dorus,  although  he  had  lost  a  great  part  of  his  fortune  in  the 
civil  war,  left  by  his  will  4116  slaves,  3600  yoke  of  oxen, 
257,000  of  other  cattie,  and  in  ready  money,  H.  S.  sexcen^ 
ties,  L.  484,375,  Plin.  ib. 


Method  o/' Computing  Moicey.  .'543 

Augustus  received  by  the  testaments  of  his  friends  quater 
decies  milltes,  L.  32,291,666  :  13  :  4-  Suet-  Jlug-  ult.  He 
left  in  legacies  to  the  Roman  people,  i.  e.  to  the  public,  qua- 
(Iringenties,  and  to  the  tribes  or  poorer  citizens,  {tribubus  ve! 
pltfbiJ^  Tricies  quinquies.  Suet.  ibid.  Tacit-  Ann,  i.  8. 

Tiberius  left  at  his  death  vigesiss  septies  tnillies.,  L, 
21,796,875,  which  Caligula  lavished  away  in  less  than  one 
yean  Suet-  Cal.  37. 

Vespasian,  at  his  accession  to  the  empire,  said,  that  to 
support  the  commonwealth,  there  was  need  of  quadringen- 
ties  milliesy  L*  322,916,666 :  13 :  4,  an  immense  sum  \  more 
than  half  the  national  debt  of  Britain  !   Suet.  Vesp-  16. 

The  debt  of  Milo  is  said  to  have  amounted  to  H.  S.  sep- 
tingenties,  L.  565,104  :  3  :  4,  Piin  xxxvi.  15.  s»  24- 

CiEsar,  before  he  enjoyed  any  office,  owed  1300  talents, 
L.  251,875,  Plut.  When,  after  his  prsetorship,  he  set  out 
for  Spain,  he  is  reported  to  have  said.  Bis  millies  et  quingen- 
ties  sibi  deesse,  ut  nihil  haberet,  i.  e.  That  he  was  L» 
2,018,229  :  3  :  4.  worse  than  nothing.  A  sum  hardly  cre^ 
dible  !  Appian.  de  bell.  civ.  ii.  432.  When  he  first  entered 
Rome  in  the  beginning  of  the  civil  war,  he  took  out  of  the 
treasury  L.  1,095,979,  Plin.  xxxiii.  3.  and  brought  into  it, 
at  the  end  of  the  civil  wor,  above  L.  4,843,750,  {amphiis 
sexies  millies  J,  Veil,  ii-  56.  He  is  said  to  have  purchased  the 
friendship  of  Curio,  at  the  beginning  of  the  civil  war,  by  a 
bribe  oi sexcenties  sestertium.,  L.  484,373,  Dio.  xl.  60.  Fal. 
Max.  ix-  i-  6-  Fcl-  Pat.  ii.  48.  and  that  of  the  consul,  L, 
Paulus,  the  colleague  of  Marcellus,  A.  704-  by  1500  talents^ 
about  L.  279,500,  Appian.  B.  C.  ii.  443.  Plutarch,  in  C^s 
^  Pomp.  t5'  Suet.  Cas.  29.  Of  Curio  Lucansays,  Hicven- 
dxdit  urbem^  iv.  ult-  Venali  Curio  lingua.,  i.269.  and  Virgil,  as 
it  is  thought,  Vendidit  hie  auro  patriam^  Mn-  vi-  621-  But 
this  Curio  afterwards  met  with  the  fate  which  as  a  traitor  to 
his  country  he  deserved,  being  slain  by  Juba  in  Africa,  Dio. 
xli.  42.  Lybicas  en  nobile  corpus  pascit  aves  !  nulla  contec- 
tus  Curio  bmto,  Lucan.  iv.  809. 

Antony,  on  the  Ides  of  March,  when  Caesar  was  killed,, 
owed  quadringenties,  L,  322,916  :  13  :  4,  which  he  paid  be- 
fore the  kalends  of  April,  Cic.  Phil,  ii-  37.  and  squandered 
of  thepublic  mox-iQY,  sestertium  septic'^ m^llips,  L.  5.651,041 ; 
15^4,  Cfr.  P^?/.v.4-j^ii,5, 


BU  ROMAN  ANTIQUITIES. 

Cicero  at  first  charged  Verres  with  having  plundered  the 
SicVmus  o^  sestertium  millies^  in  Cjecil.  5.  but  afterwards 
exacted  only  guadnngenties.  Actio  in  Verr.  18. 

Apicius  wasted  on  luxurious  living  sexcenties  sestertium^ 
L'  484,375  ;  Seneca  says,  sestertium  millies  in  culinam  con- 
sump  sit  ^  and  being  at  last  obliged  to  examine  the  state  of  his 
aflairs,  found  that  he  had  remaining  only  sestertium  centies, 
L.  80,729  :  3  :  4  ;  a  sum  which  he  thought  too  small  to  live 
upon,  and  therefore  ended  his  days  by  poison,  Senec*  Con- 
sol.  aclHdv.  10.  Martial,  iii.  22.  Dio-  Ivii.  19. 

Pliny  says,  that  in  his  time  LoUia  Paulina  wore,  in  full 
dress,  jewels  to  the  value  of  quadragies  sestertium,  L. 
32,201 :  13  :  4.  or,  as  others  read  the  passage,  quadringenties 
sestertium,  L-  322,916  :  13  :  4.  Plin.  x.  35.  s.  57. 

Julius  Caesar  presented  Servilia,  the  mother  of  M.  Brutus, 
with  a  pearl  worth  sexagies  sestertio,  L.  48,417  :  10-  Suet- 
Cces'  50.  Cleopatra  at  a  feast  with  Antony  swallowed  a 
pearl  dissolved  in  vinegar  worth  centies,  H.  S'  L-  80,729  : 
3:4;  Plin.  ibid'  Macrob.  Sat'  ii.  13.  Clodius,  the  son  of 
iEsopus,  the  tragedian,  swallowed  one  worth  decies,  L. 
8072  :  18:4.  Val.  Max.  ix.  1.  2-  Horat,  Sat-  ii.  3.  239- 
So  Caligula,  Suet.  34. 

A  single  dish  of  jEsop's  is  said  to  have  cost  an  hundred 
sestertia,  Plin.  x.  51.  s.  72.  xxxv.  12- 

Caligula  laid  out  on  a  supper,  centies  H-  S. — L.  80,729  : 
3  :  4-  Senec-  Helv.  9.  and  Heliogabalus,  tricies  H.  S — L. 
24.218  :  .15.  Lamprid.  27. 

The  ordinary  expence  of  Lucullus  for  a  supper  in  the  hall 
of  Apollo,  was  50,000  drachma:^  L.  1614  :  11 :  8.  Plutarch, 
in  Liicull. 

Even  persons  of  a  more  sober  character  were  sometimes 
very  expensive.  Cicero  had  a  citron-table  which  cost  him 
H.  S.  decies  ;  and  bought  the  house  of  Crassus  with  bor- 
rowed money  for  H.  S.  xxxv.  i.  e.  tricies  quinguies.  L. 
24,218  :   15.  Phn.  xiii.  15.  vii.  38.  Cic.  Fam-v.  6. 

This  house  had  first  belonged  to  the  Tribune  M.  Livius"" 
Drusus  ;  vvho,  when  the  architect  promised  to  build  it  forj 
him  in  such  a  manner,  that  none  of  his  neiglibours  shouU 
overlook  him,  answered,  *'  If  you  have  any  skill,  contrive' 
**  it  rather  so,  that  all  the  world  mav  see  'A'hat  I  am  doing, ^' 
Veil,  Pat  ii.  14- 


The  Interest  <>/*  Money.  545 

Messala  bought  thehoiiscof  AutroniusforH.S.ccccxxxvii, 
L.  3527:  17:  3i-  Cic.Att.  i- 13. 

Domitius  estimated  liis  house  sexagies  sestertio,  i.  e-  at 
L.  48,437  :  10  Tu/.  Max.  ix-  1-  5-  The  house  of  Clodius 
cost  centies  et  quadragies  octieSy  L.  119,479.  Plin.  xxxvi. 
15.  s.  24. 

The  fish-pond  of  C.  Herius  was  sold  for  quadragies  H-  S' 
L.  32,291 :  13  :  4-  Plin.  ix.  55.  and  the  fish  of  LucuUus 
for  the  same  sum,  Ibid.  54. 

The  house-rent  of  middling  people  in  the  time  of  Julius 
Cresar  is  supposed  to  have  been  bina  tnillia  mimmum^  L. 
16  :  2  :  11.  from  Suet.  Cces.  38.  Thatof  Caslius  was  xxx 
nii/Zianummum,  L.242  :  3  :  9- and  thought  high,  CzV.  del.!- 

The  value  of  houses  in  Rome  rose  greatly  in  a  few  years. 
The  house  of  Marius,  which  was  bought  by  Cornelia  for  Ih 
myriads  of  drachm<e,  L.  2421  :  17  :  6-  was  not  long  after 
purchased  by  Lucullus  for  50  myriads,  and  200  drachmce^ 
L.  16,152:  5  :   10.  Plutarch,  in  Mario. 

The  house  of  Lepidus,  which  in  the  time  of  his  Consul- 
ship, was  reckoned  one  of  the  finest  in  Rome  ;  in  the  space 
of  35  years,  was  not  in  the  hundredth  rank,  (centesimum  lo^ 
cum  von  obtinuit)^  Plin.  xxxvi-  15.  s.  24. 

The  villa  of  M.  Scaurus  being  burnt  by  the  malice  of  his 
slaves,  he  lost  H.  S.  millies,  L.  807,291  :   13  :  4.  ibid- 

The  golden  house  iaurea  domus)  of  Nero  must  have  cost 
an  immense  sum,  since  Otho  laid  out  in  finishing  a  part  of 
it  quingenties  H.  S.  L-  403,645  :   16  :  8.  Plm.  ibid. 

The  INTEREST  of  MONEY. 
ra^HE  interest  of  money  was  called  FCENUS,  vtXfenus  ; 
-^  or  \J'^\J]XA,fructus^Tnerces^\Q\  impendium  ;  the  capi- 
tal, CAPUT  or  sors;  also  Foe  n  us,  which  is  put  for  the  prin- 
cipal as  well  as  the  interest,  Tacit.  Ann-  vi.  17.  Cic.  Att.  i- 
12.  v-21.vi.  1.2. 

When  one  AS  was  paid  monthly  for  the  use  of  a  hundred, 
it  was  called  USURA  CENTESIM  A,  because  in  an  hun- 
dred months  the  interestequalled  the  capital;  or  a  sses  usu- 
ViJ^.  This  we  call  12  per  cent,  per  annum,  as  Pliny,  duo- 
denis  assibus  debere  vel  mutuari^  Ep.  x.  62.  v-  55.  centesi' 
■masi  romt)ntare,  Id.  ix.  28.  which  was  usuallv  the  legal  in- 

4R 


.^'4^  ROMAN  ANTIQUITIES. 

terest  at  Rome,  at  least  towards  the  end  of  the  Republic,  arid 
under  the  first  Emperors-  Sometimes  the  double  of  this  was 
exacted,  bince  ccntesima,  24  per  cent-  and  even  48  per  cent, 
quaternx  centesz7n<s ,  Cic.  Verr-  iii.  70.  Att.  vi-  2.  Horace 
mentions  one  who  demanded  60  per  cent. ;  Quinas  hie  ca- 
piti  mercedes  exsecat ;  i.  e.  qidntuplices  usiiras  exigit,  vel 
qidnis  centesimisfoenerat.  Sat.  i.  2.  14- 

When  the  interest  at  the  end  of  the  year  was  added  to  the 
capital,  and  likewise  yielded  interest,  it  was  called  Centesu 
mie  renovat^^  Cic.  ibid-  or  ANATOCISMUS  cwnfz^er^an- 
us^  compound  interest,  Id-  v.  21.  if  not,  centesima  perp€tu<s; 
orfcernis  perpetuum^  Ibid- 

UsuR^  semisses^  six  percent- ;  trientes^  four  per  cent.  ; 
quadrantes,  three  per  cent ;  besses,  eight  per  cent.,  Qfc.  Cic. 
Att.  iv.  15-  Pers- V.  149.  ustir<e  legitime  vel  licit^,  legal  in- 
terest ;  illicit^  vel  iliegitim<e,  illegal,  Digest,  et  Suet.  Aug» 
39. 

UsuRA  is  commonly  used  in  the  plural,  and  Fccnus  in 
the  singular. 

The  interest  permitted  by  the  12  tables  was  only  one  per 
cent-  FOENUs  unciarium  vel  unci^  usur^e,  Tacit„ 
Ann-  vi.  16.  SeeLe'xDuiLiA  M^nia),  which  somemakc 
the  same  with  usiira  centesima  ;  reduced,  A.  U.  408-  to  one 
half,  FocNus  Semunciarium, /c?  tX  iJv.  vii-  27.  but 
these,  and  other  regulations,  were  eluded  by  the  art  of  the 
usurers,  {.Fceneratores)^  Cic.  Att.  vi.  1.  Off- ii.  24-  &  25- 
Sail.  Cat.  33-  Liv.  viii.  28-  xxxv.  7.  41-  After  the  death  of 
Antony  and  Cleopatra,  A.  795  the  interest  of  money  at 
Rome  fell  from  12  to  4  per  cent  Dio^  li.  21. 

Professed  bankers  or  money  lenders  were  also  called 
Mensarii  vel  Trapezit^,  ArgentariIjNummularii, 
vel  Colly bista^  Liv.  vii-  21.  Suet.  Aug-  2-  3.  4.  Cic«  Flacc- 
19.  sometimes  appointed  by  the  public,  Liv.   xxiii.   21- 

A  person  who  laid  out  money  at  interest  was  said  Pecu- 
niamalicuiv.  apud aliquem  occupare,  Cic.  Flacc.  21-  Verr* 
i.  36-  ponere,  collocare,  &c.  when  he  called  it  in,  relegere, 
Horat.  Epod.  2.  ult. 

The  Romans  commonly  paid  money  by  the  intervention 
of  a  banker,  Cic.  Cacin.  6.  {in  foro^  et  de  mensa  scripturoy 
magis  quam  ex  area  domoque^  vel  cista  pecunia  numerabo'^ 


The  Interest  o/'MonevT  547 

^ur.  Donat.  in  Ter.  Adclph-  ii.  4-  13-)  whose  account 
books  of  debtor  and  creditor,  {.Tahulce  vel  codices  acceptu 
et  txpenst ;  mens^  rationta),  were  kept  with  great  care,  ibid. 
hence  Acceptum  refer  re,  Cic.  and  among  later  writers,  ac- 
ceuturnftrre^  to  mark  on  the  debtor  side,  as  received  ;  Ac- 
CEPTiLATio,  a  form  of  freeing  one  from  an  obhgation 
witn  )ut  payment :  Exp  en  sum  f err  e,  to  mark  down  on  the 
Creditor  bide,  as  p-iid  or  given  away  ;  Expensi  latto,  the 
act  of  doing  so  :  R  .tio  accepti  atque  expensi  inter  nos  con- 
venit,  our  accounts  agree,  Piiut.  Most.  i.  3.  146.  In  rati' 
onem  inducere  vel  in  tabulhs  rationem  scribere,  to  state  an  ac- 
count, Cic.  Verr.  i.  42.  And  because  this  was  done  by 
writing  down  the  sum  and  sul^scribing  the  person's  name  in 
the  banker's  books  ;  hence  scrihere  nummos  alicui^  i.  e.  se 
per  scriptum  \-  chirngrapimm  obligare  ut  solvate  to  promise 
to  pay,  Plant.  Asin*  ii.  4.  34.  rationem  accepti  scribere,  to  bor- 
rovv,  Id.  Truc'  iv.  2.  36-  rescnbere^  to  paj%  or  to  pdy  back 
what  one  has  received,  ler.  Phorm.  v.  7.  29.  Ihrat.  Sat. 
ii.  3.  76-  so  perscribere,  to  order  to  pay,  Ttr.  Phorm.  v.  7. 
30.  Cic.  Att.  ix.  12.  Place.  19  whence  perscriptio,  an 
assignment  or  an  order  on  a  banker,  Cic  Orat.  i,  58.  Att»  iv. 
ult  Phil.  v.  4.  Place.  30.  Att.  xii-  51-  Hence  also  NO- 
MEN  is  put  for  a  debt,  for  the  cause  of  a  debt,  or  for  an 
article  of  an  account.  NOMIN Ayizrerf,  to  conr»act  debt, 
Senec.  ben.  i.  1.  to  give  security  for  payment,  by  subscrib- 
ing the  sum  in  a  banker's  books,  Cic.  Off.  iii.  14  or  to  ac- 
cept such  security,  Cic.  Fam.  vii.  23.  exigere,  to  demand 
payment,  Cic.  Ferr.  i.  10.  So  appellor e  cle  nomine,  Att.  v. 
29  dissolvere,  to  discharge,  to  pay,  Id  Plane.  28.  solvere, 
Att.  vi-  2.  expungere.  Plant.  Cist.  i.  3.  41.  Pxplicare,  Att. 
13.  29.  PxDedire,  16.  6.  Transcribere  nomina  in  alios,  to 
lend  money  in  the  name  of  others,  Liv*  ^5.  7-  Pecunia  ei 
est  in  nominibus,  is  on  loan,  Cic.  Ferr.  v.  7.  Top.  3.  In  co- 
dids  extrema  cera  nomen  infimum  in  flagitiosa  litura^ 
the  last  article  at  the  bottom  of  the  page  shamefully  blotted, 
Cic  Ferr.  i.  36-  Rationum  nomina,  articles  of  accounts.  lb. 
39.  In  tabulas  nomen  referre,  to  enter  a  sum  received,  MuL 
tis  Ferri  nominibus  acceptum  referre,  to  mark  down  on  the 
debtor  side  many  articles  or  sums  received  from  Vcrres, 
Ibid-  Hinc  ratio  cum  Cur  tils,  ?nidfis  Tiominibvj,  quorum  1x4' 


648  ROMAN  ANTIQUITIES. 

tahulis  iste  habet  nullum,  i.  e.  Curtiis  nihil  expemum  tuLit 
Verres,  Ibid.  Hence  Cicero  pleading  against  Verres  often 
says,  Re  GIT  A  nomina,  i-  e.  res^personasy  causes,  in  quas 
ille  iiut  quibus  expe?isu?72  tulit,  the  accounts,  or  the  different 
articles  of  an  account,  ^jrco/i.  Certis  nominihus  pecuniam  de- 
ter e,  on  certain  accounts,  Cic.  Qunict'  II.  JVon  refert par- 
va  nomina  in  codices,  small  sums,  Cic.  Rose.  Conu  1.  MuL 
tis  nominibus  versuram  ab  aliquo  factre,  to  borrow  many 
sums  to  pay  another,  Cic.  Verr.  ii.  76.  Permulta  nomina^ 
many  articles,  lb.  5. — Likewise  for  a  debtor  ;  Ego  bonum 
nomen  existimor,  a  good  debtor,  one  to  be  trusted,  Cic. 
Fam-  V.  6-  Oi)tima  nomina  non  appellando  fiunt  mala,  Co- 
lum.  i.  7«  Bono  nomine  centesimis  contentus  erat,  non  bono 
quaternas  centesimas  sperabat,  12  percent,  from  a  good 
debtor,  48  from  a  bad,  Cic.  Att.  v.  21.  Nomina  sectatur  ti- 
ronum,  i-  e.  ut  debit  ores  facint  venatur,  seeks  to  lend  to  mi- 
nors, a  thing  forbidden  by  lavv,  Iiorat.  Sat-  i.  2.  16.  Cautos 
nominibus  certis  expendere  nwnf?ws,  i.  e.  stib  chirographo 
bonis  nominibus  vel  debitoribus  dare,  to  lend  on  security  to 
good  debtors,  Id.  Ep.  ii.  1.  105.  Locare  7iomen  sponsu 
improbo,  to  become  surety  with  an  intention  to  deceive, 
Phadr.  i.  16- 

As  the  interest  of  money  was  usually  paid  on  the  Kalends, 
hence  caJled  tristes,  Horat,  Sat.  i-  3.  87.  and  celeres, 
Ovid-  remed.  Amor.  561-  a  book  in  which  the  sums  to  be 
demanded  were  marked,  was  called  CALENDARIUM, 
Senec.  benef.  i.  2-  vii.  10.  Ep.  14.  87- 

ROMAN  MEASURES  of  LENGTH,  &c 

^THHE  Romans  measured  length  or  distance  by  feet,  cu. 
-*-   bits,  paces,  stadia,  and  miles- 

The  Romans,  as  other  nations,  derived  the  names  of  mea- 
sure chiefly  from  the  parts  of  the  human  body  ;  DIGITUS, 
a  digit,  or  finger's  breadth  ;  Pol  lex,  a  thumb's  breadth,  an 
inch  :  PALMUS,  an  hand's  breadth,  a  palm  equal  to  (=)  4 
digiti,  or  3  inches ;  PES,  a  foot,  =  16  digits  or  12  inches  ; 
Palmipes,  a  foot  and  an  hand-breadth  ;  CUBITUS,  a  cu- 
bit,  from  the  tip  of  the  elbow,  bent  inwards,  to  the  extremi- 
ty of  the  middle  finger,  =1^  foot,  the  fourth  part  of  a  well 
proportioned  man's  stature ;  PASS  US,  a  paoe,  =  5  feet,  in  - 


Measures  o/" Length,  bV.  549 

eluding  a  double  step,  or  the  space  from  the  place  where 
the  foot  is  taken  up,  to  that  where  it  is  set  down,  the  double 
of  an  ordinary  pace,  gradus  vel  gresstis.  A  pole  ten  feet 
long  (^decempedaJ  was  called  PERTicA,a  perch  (quasi  Por- 
tica,  a  portando.)  The  Englisii  perch  or  pole  is  I64  feet. — 
Una  pertica  tractare,  to  measure  with  the  same  ell,  to  treat 
in  the  saiP.c  manner,  Plin-  Ep-  8-  2. 

Each  foot  (PES)  was  divided  into  A^  pal  mi,  or  hand- 
breadths,  12  puUices,  or  thumb-breadths,  and  16  digiti,  or 
finger-breadths  :  Each  digitus  was  supposed  equal  to  4  bar- 
ley-corns, {hordei  grand)^  Frontin*  de  Aquied.  i.  2.  But 
the  English  make  their  inch  only  three  barley-corns. 

The  foot  was  also  divided  into  12  parts,  denominated  from 
the  divisions  of  the  Roman  as  ;  thus,  dodrans,  vel  spitha/naj 
9  pollices^  or  uncice,  inches,  Suet'  Aug.  79.  Flin.  vii-  2. 

Acubit(CUBITUS,v..w;72)  was  equal  to  afoot  andahalf, 
(sesguipes),  2  spitham^e^  6  palmi,  18  poi/ices,  or  24  digiti* 
PASSUS,  a  pace,  was  reckoned  equal  to  5  feet ;  P/in.  ii. 
23.  1 25  Passus  or  625  feet  made  a  STADIUM  or  furlong ; 
and  8  Stadia,  or  1000  paces,  or  5000  feet,  a  mile,  (MILLI- 
ARIUM,  vel  -?'e;  vel  MILLE,  sc.  passus  v.  passmtm;  Cic. 
Caecin.  10.  Att.  iii.  4-  Gell.  i-  16.) 

The  Greeks  and  Persians  called  30  stadia  parasanca; 
and  2  parasangs,  Schoenos,  Herodot.ii'  16.  but  others  dif- 
fer, Plin.  v.  10.  xii.  14. 

The  Roman  acre  (JUGERUM,  quod  unojugo  bourn  in 
die  exarari  potest,  Plin.  xviii.  3.)  contained  240  feet  iu 
length,  and  120  in  breadth ;  that  is,  28,800  square  feet, 
QuinctU-  i.  10.  42-  Farr.  R  R.  i-  10.  1-  &c. 

The  half  of  an  acre  was  called  actus  q^UADRATus,  con- 
sisting of  120  feet  square  ;  (ACTUS  m  quo  boves  agerentur 
cum  aratro  uno  impetu  justo  vel  protelo,  i.  e.  u?io  trartu  vel 
tenor e,  at  one  stretch,  without  stopping  or  turning,  Plin. 
xviii.  3.  Dortat.  in  Ter.  Phorm.  1«  3.  '2>^.  non  strigantesy 
without  resting,  P/m. /(i.  19.  s.  49.  Senec.  ep.  31.  Phadr. 
iii.  6.  9.) 

An  English  acre  contains  40  perches  or  poles,  or  660  feet 
in  length,  and  four  poles  or  66  feet  in  breadth.  The  Scots 
acre  is  somewhat  more  than  one  fifth  larger. 

The  J  u  G  E  R  u  M  was  divided  into  the  same  parts  as  an  a  s ; 


550  HOMAN  ANTIQUITIES. 

iience  tincia  agri,  the  12th  part  of  an  acre,  Farr.  de  It.  R, 

i.  10. 

ROMAN  MEASURES  of  CAPACITY. 
^TnHE  measure  of  capacity  most  frequently  mentioned  by 
-*-  Roman  authors,  is  the  AMPHORA,  {ex  »i^i  et  <?(?(•>, 
guodvas  ejus  mensur^s  utrinque  ferretur,  duabus  a«*w), call- 
ed also  (^UADRANTAL,  or  cADus,  and  by  the  Greeks,  me" 
treta  or  ceramium^  a  cubit  foot,  containing  2  urn<e^  3  modii^ 
.8  cofigii,  48  sextarii,  and  96  hemir  se,  or  cotyla.  But  the 
Attic  amphora,  {ica-^o^^  or  metreta^^  contained  2  urnce^  and 
72  sextarii. 

The  amphora  was  nearly  equal  to  9  gallons  English,  and 
the  sextarius  to  one  pint  and  a  half  English,  or  one  mutch- 
kin  and  a  half  Scots. 

A  sextarius  contained  2  hemincs,  4  quartarii,  8  acetabular 
and  12  cyathi,  which  were  denominated  from  the  parts  of  the 
Roman  as;  Xhus^calices  or  cups  were  called  sextantesy  quad- 
rantest  trientes,  &c.  according  to  the  number  of  cyathi 
which  they  contained*    See  p   494. 

A  cyathus  was  as  much  as  one  could  easily  swallow  at 
once.  It  contained  4  ligtd^  vel  linguU,  or  cochlearia^  spoon- 
fulls,  Columel.  xii.  21.  Plin.  xx.  5.  Martial,  xiv.  120. 

CONGIUS,  the  eighth  of  an  amphora,  was  equal  to  a  cu- 
bic half  foot,  or  to  6  sextarii.  This  measure  of  oil  or  wine, 
used  anciently  to  be  distributed  by  the  magistrates  or  lead- 
ing men  among  the  people,  Liv.  xxv.  2.  Plin.  xiv.  14. 
Hence  CONGIARIUM,  a  gratuity  or  largess  of  money, 
corn,  or  oil,  given  to  the  people,  Liv.  xxxvii.  57.  Cic.  Phil. 
ii.  45.  Suet.  Cas.  38.  chiefly  by  the  emperors,  Tacit.  Annal' 
xiii.  31.  Suet.  C<es.  27.  Aug.  42.  Tib-  20.  Dom.  4.  or  pri- 
vately to  an  individual,  Cic-  Fam.  viii-  1.  Att.  x.  7-  Suet. 
Vesp'  18. 

A  gratuity  to  the  soldiers  was  called  DONATIVUM, 
Suet.  Cal.  46.  Ner-  7.  Plin.  paneg.  25.  Tacit.  Ann.  xii.  41. 
sometimes  also  CONGIARIUM,  Cic  Att.  xvi.  8-  Curt-\\.2. 

The  congiaria  of  Augustus,  from  their  smallness,  used  to 
be  called  He  mi  n  aria,  Quinctil.  vi.  4- 

The  weight  of  rain  water  contained  in  an  amphora,  was 
80  Roman  pounds  ;  in  a  congiusy  10  pounds ;  and  in  a  sex- 
tarius,  1  pound  8  ounces. 


Method  o/'WritingJ    "  551 

The  greatest  measure  of  things  liquid  among  the  Romans, 
was  the  GULEUS,  containing  20  amphora. 

Pliny  says,  the  ager  Caccubus  usually  yielded  7  ciilei  of 
wine  an  acre,  i-  e.  143  gallons  o\  pints  English,  worth  at  the 
vineyard  300  nummi,  or  75  denarii,  each  culeus,  i.  e.  L.  2  : 
8  :  5^,  sterling,  about  a  half-penny  the  English  pint,  Plin. 
xiv.  4.  Columell'  iii.  3- 

MOUIUS,  the  chief  measure  for  things  dry,  was  the  third 
part  of  a  cubic  foot,  somewhat  more  than  a  peck  English. 
A  niodius  of  Gallic  wlieat  weighed  about  20  /i6r<e,Pliii.xviii. 
7«  Five  modii  of  wheat  used  to  be  sown  in  an  acre  ;  six  of 
barley  and  beans  ;  and  three  of  pease,  lb.  24.  Six  viodii 
Wure  called  MEDJMNUS,  vel  -um,  an  Attic  measure, 
Nep'  Attic-  2.  Cic  Verr-  iii.  45.  47^  49.  &.C. 

ROMAN  METHOD  OF  WRITING. 

MEN  in  a  savage  state  have  always  been  found  igno- 
rant of  alphctijetic  characters.  The  knowledge  of 
writing  is  a  constant  mark  of  civilization.  Before  the  inven- 
tion of  this  art,  men  employed  various  methods  to  preserve 
the  memory  of  important  events,  and  to  communicate  their 
thoughts  to  those  at  a  distance. 

The  memory  of  important  events  was  preserved  by  rais> 
ing  altars,  or  heaps  of  stones,  planting  groves,  instituting 
games  and  festivals  ;  and  what  was  most  universal,  by  his- 
torical songs.  Tacit,  de  Mor.  Germ.  2. 

The  first  attcjupt  toward  the  representation  of  thought  was 
the  painting  of  objects.  Thus,  to  represent  a  murder,  the 
figure  of  one  man  was  drawn  stretched  on  the  ground,  and 
of  another  witli  a  deadly  weapon  standing  over  him.  VVhen 
the  Spaniards  first  arrived  in  Mexico,  the  inhabitants  gave 
notice  of  it  to  their  emperor  Montezuma,  by  sending  him  a 
large  cloth,  on  which  was  painted  every  thing  they  had  seen. 

The  Egyptians  first  contrived  certain  signs  or  symbols, 
csiWtd Hieroglyphics,  (from  <f?05, sacred,  and  'yy^i^<P'^,to  carve,) 
whereby  they  represented  several  things  by  one  figure. 

The  Egyptians  and  Phoenicians  contended  about  the  ho- 
nour of  having  invented  letters,  Tacit,  Ann.  xi.  14-  Phn-  vii^ 
56.  Lucan-  iii.  220. 

Cadmus,  the  Phoenician,  first  introduced  letters  into 


SS2  ROMAN  antiquities: 

Greece,  near  1500  years  before  Christ,  Herodot.  v.  58.  then 
only  sixteen  in  number,  «,  jS,  y,  J",  e,  ;, «,  a,  /«,  v,  o,  cr,  f,  c,  t,  «. 
To  these,  four  were  added  by  Palamedes,  in  the  time  of  the 
Trojan  war,  S-,  ^,  <P,  y.>  and  four  afterwards  by  Simonides, 
l^ «?.  ^>^,  Piin,  vii.  S^^  s.  57.  Hygin-fab^  211. 

Letters  were  brought  into  Latium  by  Evander  from 
Greeee,  Ibid.  ^  Liv-  i.  7.  The  Latin  letters  at  iirst  were 
nearly  of  the  same  form  with  the  Greek,  Tacit-  ibid.  Plin- 
vii.  58. 

Some  nations  ranged  their  letters  perpendicularly,  from 
the  top  to  the  bottom  of  the  pages,  but  most  horizontally. 
Some  from  the  right  to  left,  as  the  Hebrews,  Assyrians,  &c. 
Some  from  right  to  left,  and  from  left  to  right  alternately, 
like  cattle  ploughing,  as  the  ancient  Greeks ;  hence  this  man- 
ner of  writing  was  called  /sso-r^o^sjj'av.  But  most,  as  we  do, 
from  left  to  right. 

The  most  ancient  materials  for  writing,  were  stones  and 
bricks,  Joseph.  Ant  Jitd-  1-  4.  Tacit.  Ann-  ii.  60.  Lucan»  iii* 
223'  Thus  the  decalogue,  or  ten  commandments,  Exod. 
xxxiv.  1-  and  the  laws  of  Moses,  Dent-  xxvii.  8.  Jos.  viii. 
32. — then  plates  of  brass,  Liv.  iii.  57*  Tacit.  Ann.  iv.  43- 
or  of  lead,  P/i//-  xiii.  IL  s- 21.  /o6  xix- 24.  and  wooden 
tablets,  Isaiah  xxx.  8.  Horat.  art-  p-  399.  Gell.  ii.  12.  On 
these,  all  public  acts  and  monuments  were  preserved,  Cic^ 
Font.  14.  Liv.  vi.  20.  Plin-  pan-  54.  Horat.  od-  iv.  8.  13, 
As  the  art  of  writing  was  little  known,  and  rarely  practised, 
it  behoved  the  materials  to  be  durable.  Capital  letters  only 
were  used,  as  appears  from  ancient  marbles  and  coins. 

The  materials  first  used  in  common  for  writing,  were  the 
leaves,  or  inner  bark  C  liber  J  of  trees  ;  whence  leaves  of  pa- 
per, C char tce^  folia ^  vel  plagidaJ^  and  LIBER,  a  book- 
The  leaves  of  trees  are  still  used  for  writing,  by  several  na- 
tions of  India.  Afterwards  linen,  Liv-  iv-  1-  1 3-  20.  and  ta- 
bles covered  with  wax  were  used-  About  the  time  of  Alex- 
ander the  Great,  paper  first  began  to  be  manufactured  from 
an  ^Egyptian  plant  or  reed  c:.lled  PAPYRUS,  vel  -z/w, 
whence  our  word  paper;  or  BIBLOS,  whence  /3/i3A«5,  a 
book. 

The  Papyrus  was  about  ten  cubits  high,  and  had  several 
coats  or  skins  above  one  another,  like  an  onion?  which  they 


Metiiod  o/'Writinc.  553 

separated  with  a  needle.  One  of  these  membranes (/;/:2/yr^, 
"vel  sc/ieclce),  was  spread  on  a  table  longwise,  and  another  pla- 
ced above  it  across-  I'hc  one  was  called  stamen,  and  the 
other  sitbtemen,  as  the  xvarp  and  the  ivoof'm  a  web.  Being 
moistened  with  the  muddy  water  of  the  Nile,  which  served 
instead  of  glue,  they  were  put  under  a  press,  and  after  that 
dried  in  the  sun.  Then  these  sheets,  (plagiiUy  vel  sched*)^ 
thus  prepared  were  joined  together,  end  to  end,  but  never 
more  than  twenty  in  what  was  called  one  SC  APUS,  or  roll, 
jP//«.  xiii.  U.S.  21. 

The  sheets  were  of  different  sizes  and  qualities. 

Paper  was  smoothed  with  a  shell,  or  the  tooth  of  a  boar, 
or  some  other  animal :  hence  charta  dentata,  smooth,  pol- 
ished, Cic.  Q-  fr.  ii-  15.  The  finest  paper  was  called  at 
Rome,  after  Augustus,  Augusta  r^^-za;  the  next  Livi- 
ANA  ;  the  third  Hieratica,  which  used  anciently  to  be 
the  name  of  the  finest  kind,  being  appropriated  to  the  sacred 
volumes.  The  Emperor  Claudius  introduced  some  altera- 
tion, so  that  the  finest  paper  after  him  was  called  Clau- 
dia. The  inferior  kinds  were  called  Amp/iitheafrica,  Sai- 
tica,  Leneotica,  from  places  in  -/Egypt  where  paper  was 
made  ;  and  Fanniana,  from  Fannius,  who  had  a  noted 
manufactory  (officina)  for  dressing  ^Egyptian  paper  at  Rome, 
Plin.  lb- 

Paper  which  served  only  for  wrappers,  {involucra  vel  se-^ 
gestria,  sinS'  e),  was  called  Emporetica,  because  used 
chiefly  by  merchants  for  packing  goods,  Plin.  xiii.  12. ; 
coarse  and  spongy  paper,  Scabra  BiBULAq^uE,  Fiin.  ep, 
viii.  15. 

Fine  paper  of  the  largest  size  v/as  called  MACROCOL- 
LA,  sc.  charta,  as  we  say,  royal  ox  iinperml  paper,  and 
any  thing  written  on  it,  Macrocollum,  sc.  volumen^  Ibido 
&c-  Cic.  Att.  xiii.  25-  xvi.  3. 

The  exportation  of  paper  being  prohibited  by  one  of  the 
Ptolemeis,  out  of  envy  against  Eumenes,  king  of  Perga- 
inus,  who  endeavoured  to  rival  him  in  the  magnificence  of 
his  library,  the  use  of  parchment,  or  the  art  of  preparing 
skins  for  writing,  was  discovered  at  Pergamus,  hence  call- 
ed PEUGAMENA,  sc- c^/zr^c,  vel  Membra N A,  parch- 
ment. Hence  alf^o  Cicero  calls  his  four  books  of  Academics, 

4.C  ■ 


3B4>  ROMAN  ANTIQUITIES, 

quatiior  S'i<pB-e^iociy  i.  e.  libri  e  membranis  factu  Att  xiii.  24. 
Some  read  S'l^B-t^at,  i-  e-  peiles^  by  a  metonymy,  for  libri 
pellibus  tecte  vel  peliibus  scripti.  See  Muuntius^  Diphthe- 
RA  Jovis  is  the  register  book  of  Jupiter,  made  of  the  skiu  «.f 
the  goat  Amalthea,  by  whose  milk  he  was  nursed^  on  which 
he  is  supposed  by  the  poets  to  have  written  down  the  actions 
of  men.  Whence  the  proverb,  Diphtheram  stro  Jupiter  in- 
spexit ;  and  Antiquiora  diphthera^  Erasm.  in  Chiliad.  Vid. 
Polluc,  vii.  15.  JElian,  ix-  3.  To  this  Plautus  beautifully 
alludes,  i?ttG?.  Prol  21- 

The  skins  of  sheep  are  properly  called  parchment  ;  of 
calves  VELLUM,  {quasi  Vittjlinum,  sc.  coriumj. 

Most  of  the  ancient  manuscripts  w  hich  remain  are  writ- 
ten on  parchment ;  few  on  the  papyrus. 

Egypt  having  fallen  under  the  dominion  of  the  Arabs  in 
the  seventh  century,  and  its  commerce  with  Europe  and 
the  Constantinopolitan  empire  being  stopt,  the  manufacture 
of  paper  from  the  papyrus  ceased.  The  art  of  making  pa- 
per from  cotten  or  silk,  Ccharta  bombycinaj ^  was  invented 
in  the  east  about  the  beginning  of  the  tenth  century;  and,  in 
imitation  of  it,  from  linen  rags  in  the  fourteenth  century. 
Coarse  brown  paper  was  first  manufactured  in  England, 
A.  1588  ;  for  writing  and  printing,  A.  1690  ;  before  which 
time  about  L.  100,000  sterling,  are  said  to  have  been  paid 
annually  for  these  articles  to  France  and  Holland- 

The  instrument  used  for  writing  on  waxen  tables,  the 
leaves  or  bark  of  trees,  plates  of  brass  or  lead,  &c.  was  an 
iron  pencil,  with  a  sharp  point,  called  STYLUS,  or  GR  A- 
PHIUM-  Hence  Stilo  abstineo^  I  forbear  writing,  Plin, 
JEp.  vii.  21.  On  paper  or  parchment,  they  used  a  reed 
sharpened  and  split  in  the  point,  like  our  pens,  called  CA- 
LAMUS, Arv N DOy ^stula  vq\  canna^  which  they  dipt  in 
ink,  {ati'amento  intingebant),  as  we  do  our  pens,  Cic-  Att. 
vi.  8.  Ad  Q.fr-  ii.  15.  Fers  iii.  11.  and  14.  Horat.  Art, 
p.  246.  Plin-  xvi.  36-  s.  64- 

Sepia,  the  cuttle  fish,  is  put  for  ink,  Pers.  ib,  because 
when  afraid  of  being  caught,  it  emits  a  black  matter  to  con- 
ceal itself,  which  the  Koinans  sometimes  used  for  ink,  Cic-^ 
denat,  D.  ii.  20.  Ovid.  Halieut-  18. 

The  ordinary  writing  materials  of  the  Romans  were  tab- 


Method  o/'Writinc.  55^ 

I  lets  covered  with  wax,  paper,  and  parchment.    Thc'xr  stilus 

i  was  broad  at  one  end  ;  so  that  when  they  wished  to  correct 

any  thing,  they  turned  the  stiiusy  and  smoothed  the  wax 

,  with  the  broad  end,  that  they  ^riight  write  on  it  anew  :  hence 

s<ff)e  stilum  vertasy  make  frequent  corrections,  Horat.   Sat, 

i-  10.  72. 

An  author,  while  composing,  usually  \vrote  first  on  these 
tables  for  the  convenience  of  making  alterations  ;  and  when 
any  thing  appeared  sufficiently  correct,  it  was  transcribed 
on  pjptT  or  parchment,  ai  d  published,  Horat.  Sit.  n.  3.  2. 
It  seems  one  could  write  more  quickly  on  waxen  tables 
thii'i  on  paper,  where  the  hand  was  retarded  by  frt^quently 
dipping  the  reed  in  ink,  QumctiliuJi.  x.  3.  .30- 

The  labour  of  correcting  was  compared  to  that  of  work- 
ing with  a  file,  (lima  labor  J  ;  hence  opus  limare,  to  polish, 
Cic-  Orat.  i.  25.  Umare  de  aliquo,  to  lop  off  redundancies. 
Id  iii.  9.  supremam  limam  operiri,  to  wait  the  last  polish, 
Plin.  ef}.y'm.  5  lirria  mordocius  tifi,  to  correct  more  careful- 
ly, Ovid.  Pont,  i-  5.  1 9.  Liber  rasus  lima  amici,  polishf^d  by 
the  correction  of  a  friend,  Id.  ii.  4.  17.  ultima  lima  defidt 
meis  scriptis,  Ovid.  Trist.  i.  6.  30.  i.  e.  summa  manus  operi 
defuit  vel  non  imposita  est,  the  last  hand  was  not  put  to  the 
work,  it  was  not  finished  ;  metat)h.  vel  translat.  a  pictura, 
quam  manus  romplet  atque  ornat  suprema,  Serv.  in  Virg, 
iEn.  vii-  572.  or  of  beating  on  an  anvil ;  thus,  Et  male  tor- 
natos  (some  read  Jormatos J  incudi  reddtre  versus,  to  alter,  to 
correct,  Horat.  Art  p.  441.  una  opere  eandeyn  incudem  diem 
noctemque  tundere,  to  be  always  teaching  the  same  thing, 
Cic.  Orat.  ii.  39.  A'Aatnm  mediis  opus  est  incudihus  illud^ 
the  work  was  published  in  an  imperfect  state,  Ovid-  ibid-  29. 
The  Romans  used  also  a  kind  of  blotting  or  coarse  pi  per, 
or  parchment,  {charta  deletitiaj  called  Palimsestos,  (a 
fxxtv,  rursus,  et  ■v/'a^,  rado),  vel  pnlmxestus,  {a  ^iu,  radoj^ 
on  which  they  might  easilv  erase  {dtdere)  what  was  written, 
and  write  it  anew.  Martial,  xiv.  7.  Cic.  Fam-  vii.  18.  But 
it  seems  this  might  have  been  done  on  any  parchment,  Ho- 
rat Art.  p'  389.  They  sometimes  varied  the  expression  by 
interlining,  {suprascripto)^  Plin.  ep.  vii.  12. 

The   Romans  used  to  have  note-books,  (ADVERSA- 
RIA, •orum'),  in  which  they  marked  dov/n  memorandums 


^56  ROMAN  ANTIQUITIES. 

of  any  thing  that  it  might  not  be  forgotten,  until  they  wrote 
out  a  fair  copy ;  of  an  account,  for  instance,  or  of  any  deed, 
fut  ex  lisjustts  tabuU  conficerentur)^  Cic.  Rose.  Com.  2. 
&  3.  Hence  referre  in  adversaria^  to  lake  a  memorandum 
of  a  thing,  ib. 

The  Romans  commonly  wrote  only  on  one  side  of  the  pa- 
per or  parchment,  and  always  joined  iaggliitinabant)  one 
sheet  {.scheda)  to  the  end  of  another,  till  they  finished  what 
they  had  to  write,  and  then  rolled  it  up  on  a  cylinder  or 
staff;  hence  VOLUMEN,  a  volume,  or  scroll  ;  evolvere 
librum^  to  open  a  book  to  read,  Cic.  Tusc.'i.  11.  Top.  9. 
animi  sm  complicatam  noti07ie7n  evolvere^  to  unfold,  to  ex- 
plain. Off.  iii.  19. 

An  author  generally  included  only  one  book  in  a  volume, 
so  that  usually  in  a  work,  there  was  the  same  number  of 
volumes  as  of  books.  Thus  Ovid  calls  his  fifteen  books  of 
Metamorphoses,  ??iM<a#<e  ter  quinque  voluminaformce^  Trist. 
i.  1.  117.  So  Cic.  Tusc.  iii.  3.  Att.  ix.  10.  Fain.  xvi.  17. 
When  the  book  was  long,  it  was  sometimes  divided  into  two 
volumes  ;  thus,  Studiosi  tres^  i-  e.  three  books  on  Rheto- 
ric, in  sex  volnmina  propter  amplitudinem  divisi,  Plin-  ep.  iii. 
5.  Sometimes  a  work,  consisting  of  many  books,  was  con- 
tained  in  one  volume  ;  thus,  Homerus  totus  in  uno  volumine^ 
i.  e.  forty-eight  books,  Ulpian.  I.  52.  D.  de  legal,  iii.  Hence 
annosa  voliimina  vatitm,  aged  books,  Horat-  ep.  ii.  1-  26= 
Peragere  volumina^  to  compose,  Plin.  ib. 

When  an  author,  in  composing  a  book,  wrote  on  both 
sides  {in  utraque  pagina  of  the  paper  or  parchment,  it  was 
called  OPISTOGRAPHUS,  vel  -on,  Plin-  ib.  i-  e.  scriptus 
et  in  tergOt  (ex  o^to-^ev,  a  tergo,  et  y^a,<pa^  scribo,J  Juvenal, 
i.  I'  6.  in  charta  aversa.  Martial*  viii.  62.  in  very  small 
characters,  imbiutissimisy  sc.  Uteris)-,  Plin.  ib. 

When  a  book  or  volume  was  finished,  a  ball  or  boss  (bul- 
hJ  of  wood,  bone,  horn,  or  the  like,  was  affixed  to  it  on  the 
outside,  for  security  and  ornament,  {ad  conservationem  et 
omatum)  called  UMBILICUS,  from  its  resemblance  to  that 
part  of  the  human  body  ;  hence  Adumbilicimi  adducere^  to 
finish,  Horat'  epod.  xiv.  8.  ad  umbilicos  pervetiire,  Martial. 
3V.  91.  Some  suppose  this  ornament  to  have  been  placed  in 
the  middle  of  the  roll,  iSchol-  in  Horat,  but  others,  at  the  end 


Method  o/WritivicI  557 

of  the  stick,  (bacillus,  vel  surculus,  on  which  the  book  was 
rolled,  or  rather  at  both  ends,  called  Cornua,  Ovid-  Trist, 
i-  1-  8  Martial-  xi-  108-  hence  we  usually  find  umbilici  in 
the  plur.  Catidl-  xx.  1. Martial-  \-  67-  iii.  2-  5-  6-  viii-  61- 
and  in  Statins,  Silv.  iv.  9-  8.  binis  ufnbilicis  decoratus  libcr- 

Um  bilious  is  also  put  for  the  centre  of  any  thing,  as  na- 
vel in  English  ;  thus,  Delphi  umbilicus  GvieciiC,  Liv.  xxxv. 
18 — 41.  23.  orbisterrarum,  Id-  xxxviii.  47.  Cic- divin.  ii. 
56.  So  Cic'  Ferr.  iv.  48.  Cutilitr  lacus,  in  quojluctuct  insula, 
Italice  umbilicus,  Plin-  iii.  13.  s.  17«  and  for  a  shell  or  peb- 
ble, Cic-  Orat'  ii.  6. 

The  Romans  usually  carried  with  them,  wherever  they* 
went,  small  writing  tables,  called  PUGILLARES,  vel  -w, 
{quod  won  majores,  erant  quam  quae  pugno,  vel  pugillo  com- 
prehenderentur^  vel  quod  in  iis  stilo  pungendo  scribebatur) , 
by  Homer,  7r/v«xf?,  //.  vi.  169.  hence  said  to  have  been  in  use 
before  the  time  of  the  Trojan  war,  Flin-  xiii.  11.  on  which 
they  marked  down  any  thing  that  occurred,  Plin.  ep.  i.  6- 
Ovid.  Met.  ix.  520-  either  with  their  own  hand,  Plin-  viii. 
9.  or  by  means  of  a  slave,  called  from  his  office,  NOT  ART- 
US,  Id.  iii.  5.  or  Tabellarius,  Cic.  Phil.  ii.  4. 

The  pugillares  were  of  an  oblong  form,  made  of  citron,  or 
boxwood,  or  ivory,  also  of  parchment,  covered  with  colour- 
ed or  white  wax,  Ovid.  Amor.  i.  12.  7.  Martial-  xiv.  3-  con- 
taining two  {duplices,  ^tyrrvxAi),  three,  four,  five,  or  more 
leaves,  Martial,  ib.  with  a  small  margin,  raised  all  around, 
as  may  be  seen  in  the  models  of  them  which  still  remain. 
They  wrote  on  them,  {exarabant)  with  a  stilus  ;  hence  Ce- 
ris  et  stylo  incwnbere,  for  in  pugillaribus  scribere,  Plin.  ep* 
yii.  27'  Remittere  stilum,  to  give  over  writing,  ib. 

As  the  Romans  never  wore  a  sword  or  dagger  in  the  city, 
Plin-  xxxiv.  14.  s-  39.  they  often,  upon  a  sudden  provoca- 
tion, used  the  graphium  or  stilus,  as  a  weapon.  Suet.  C^s. 
82.  C.  28.  C/.  15.  35.  Senec.  de  clem-  i- 14.  which  they  car» 
ricd  in  a  case,  (theca  caiamaria  aut  graphiaria,  vel  graphic 
arium.J  Martial,  xiv.  21.'  Hence  probably  the  stiletto  of 
the  modern  Italians. 

What  a  person  wrote  with  his  own  hand,  was  called 
CHlllOGRAPHUS,  vel  -um  Cic  Fam.  xii.  1.  xvi.  21. 
Suet.  Jul.  17'  Aug.  87.  which  also  signifies  one's  hand  or 


558  ROMAN  ANTIQUITIES, 

hand-writing,  Cic-  Phil-  ii.  4-  Fam-  ii.  13-  x.  21.  Jft.  ii.  20, 
JVat-  D.  ii-  74*  Versus  ipsius  chirographo  scrip ti^  with  his 
own  hand.  Suet.  Ner.  52.  Chirographum  alicujus  imitariy 
Id.  Aug.  64.  Tit.  3. 

But  chirographum  commonly  signifies  a  bond  or  obliga- 
tion which  a  person  wrote,  or  subscribed  with  his  own  hand, 
and  sealed  with  his  ring,  7mi;<?a/«/-  xiii-  137.  Suet.  Cal-  11. 
When  the  obligation  was  signed  by  both  parties,  and  a  co- 
py of  it  kept  by  each,  as  between  an  undertaker  and  his  em- 
ployer, &c.  it  was  called  SYNGRAPH A,  -us^  vel  -urn,  As- 
.  con'  in  Verr-  i-  36.  Plant-  Asin.  iv.  1.  which  is  also  put  for  a 
passport  or  furlough,  Flaut.  Capt.  ii.  3  90. 

A  place  where  paper  and  instruments  for  writing,  or  books 
were  kept,  was  called  SCRINIUM,  vel  C  APSA,  an  escri- 
toir,  abox  or  case,  (arcuia,  vel  loculus),  Horat.  Sat*  i-  1.  f. 
4.  22*  and  10-  63.  commonly  carried  by  a  slave,  who  attend- 
ed boys  of  rank  to  school,  Juvenal,  x.  117-  called  Capsa. 
Rius,  Suet.  Ner'  36-  or  Librae i us.  Id.  CI-  35-  together 
with  the  private  instructor,  P^dagogus,  Ibid,  also  for  the 
most  part  of  servile  condition,  Plaut.  Bacch'  1.  2.  distin- 
guishc  d  from  the  public  teacher,  called  PRECEPTOR, 
Plin-  ep'  iv.  13.  SeneC'  de Ira,  ii.  22.  Doctor,  i;<?/ M agis- 
ter, /<i.  paneg-  47*  but  not'  properly  Do  minus,  unless 
used  as  a  title  of  civility,  as  it  sometimes  was,  Suet.  CI.  21. 
Tacit'  AnU'  ii.  87-  especially  to  a  person  whose  name  was 
unknown  or  forgotten,  as  Sir  among  us,  Senec-  ep-  iii.  47« 
thus,  Domina  is  used  ironically,  for  mistress  or  madam, 
Fer.  Heaut.  iv«  1.  15-  Augustus  >vould  not  allow  himself 
to  be  called  Dominus,  Suet.  53.  nor  Tiberius,  Id-  21- 
because  that  word  properly  signifies  a  master  of  slaves, 
(qui  AovcAprtiest,  vel  imperat),  Ter.  Eun.  iii.  2.  33'  An 
under-teacher  was  called  Hypod IDA scuLus,  Cic.  Fam- 
ix.  18. 

Boys  of  inferior  rank  carried  their  sachels  and  books 
themselves,  {lava  suspensi  loculos  tabulamque  lacerto),  Hor. 
Sati.  6.  74. 

When  a  book  was  all  Vv^ritten  by  an  author's  own  hand, 
and  not  by  that  of  a  transcriber,  {manu  hbrarii),  it  was  call, 
ed  AUTOGRAPHUS,  Suet,  Aug.  71.  87-  or  Idiographus- 
Gell.  ix  14. 


METrtoD  q/"  Writing.  559 

The  memoirs  which  a  person  wrote  concerning  himself, 
or  his  actions,  were  culled  Comment  a  rii,  Cces- ^  Cic* 
Brut.  75.  Suet.  C<ts-  56.  Tih.  61-  also  put  for  any  registers, 
memorials,  or  journals,  fDidria^  ephemendes.,  acta  diurna, 
&fc.;  Cic- Fam.  V.  12.  f.  viii.  11  Phil- i- 1- Verr.  v.  21. 
Liv.  i.  31.  &  32.  xlii.  6.  Suet-  Aug  64.  Plin.  ep.  vi- 22- 
X.  96.  Memorandums  of  any  thing,  or  extracts  of  a  book, 
were  called  Hi/pomnemuta,  Cic-  Att.  xvi.  14-  21.  Also 
CoMMENTARii  6'/d'c?or«w  vel  excerptorum,  books  of  ex- 
tracts or  common  place-books,  Plin.  ep.  iii.  5. 

When  books  were  exposed  to  sale  by  booksellers,  Cl^i- 
bliopoUJ ,  they  were  covered  with  skins,  smoothed  with 
pumice  stone,  llorat.  ep-  i-  20-  Piln-  xxxvi.  21.  s»  42. 
Catull.  XX.  8.  Tibull.  iii.  1.  10- 

When  a  book  was  sent  any  where,  the  roll  was  tied  with  a 
thread,  and  wax  put  on  the  knot,  and  sealed  ;  hence  signa- 
ta  volurninay  Horat.  ep.  i.  13.  so  letters,  Cic  Sat.  iii.  5» 
The  roll  was  usually  wrapt  round  with  coarser  paper,  or 
parchment,  Plin.  xiii.  11.  or  with  part  of  an  old  book  ;  to 
which  Horace  is  thought  to  allude,  Ep.  i.  20-  13-  Hence 
the  old  Scholiast  on  this  place,  Fient  ex  te  opistographa 
literariim,  so  called,  because  the  inscription  written  on  the 
back,  shewed  to  whom  the  letter  or  book  was  sent. 

Julius  Ccesar,  in  his  letters  to  the  senate,  introduced  the 
custom  of  dividing  them  into  pages,  (pagina'),  and  folding 
them  in  the  form  of  a  pocket  book,  or  account  book,  (libel- 
Ills  memorialis,  vel  rationalis)^  with  distinct  pages,  like  our 
bo(jks  ;  whereas  formerly  Consuls  and  Generals,  when 
they  wrote  to  the  senate,  used  to  continue  the  line  quite  a- 
cross  the  sheet,  {transversa  charta),  without  any  distinction 
of  pages,  and  roll  them  up  in  a  volume,  Suet.  C<es.  56. 
Hence  after  this  all  applications  or  requests  to  the  emperors, 
and  messages  from  them  to  the  senate,  or  public  orders  to 
the  people,  used  to  be  written  and  folded  in  this  form,  called 
LIBKLLI,  See  p.  26-  Suet.  Aug.  xlv.  53.  Tib.  xiii-  66. 
CI.  15.  N.  15.  Don^it'  17.  Martial,  viii.  31.  82.  or  Codi- 
cil li.  Tacit.  Ann.  xvi.  24.  Suet.  Tib.  xxii.  42.  Cal-  18; 
CI.  29-  rarely  used  in  the  singular ;  applied  chiefly  to  a  per  n 
son's  last  will,  see  p.  QS.  also  to  writing  tables,  the  same 
v/iih  pugillares:  or  to  letters  written  on  them,  Cic.  PM.  viii. 


560  ROMAN  ANTIQUITIES. 

10.  Fam.  iv.   12.  vi-   18.  ix.  26.  Q.  fr.  ii.  11.  Suet  CI  5. 
JV.  49. 

A  writ  conferring  any  exclusive  right  or  privilege  was  cal- 
led DIPLOMA,  (i.  e.  libel/us  duplicatus,  vel  duorumfoLio- 
rum^  consisting  of  two  leaves,  written  on  one  side),  granted 
by  the  Emperor,  or  any  Roman  magistrate,  similar  to  what 
we  call  Letters  patent^  i.  e.  open  to  the  inspection  of  all,  or 
a  patent,  Cic-  Fam-  vi-  12.  Att.  x.  17.  Pis.  37.  Senec-  ben. 
vii.  10-  Suet.  Aug-  50-  Cal-  38.  Ner.  12-  Oth-  7.  given  par- 
ticularly to  public  couriers,  or  to  those  who  wished  to  have 
the  use  of  the  public  horses  or  carriages  for  dispatch,  Pliri' 
ep.  X.  54.  55.  121. 

Any  writing,  whether  on  paper,  parchment,  tablets,  or 
whatever  materials,  folded  like  our  books,  with  a  number  of 
distinct  leaves  above  one  another,  was  called  CODEX, 
C  quasi  gaud  ex,  plurium  tahuhrum  contextus^  Senec.  de 
brev.  vit«  13.  Cic.  Verr.  i.  36'  46.  &  Ascon.  in  loc.)  parti, 
eularly  account-books  ;  tabuU,  vel  Codices,  accepti  et 
expensii  Cic.  Rose.  Com.  i-  2.  &c-  Ver-  ii.  61.  libri  or  iibelL 
Thus  we  say,  Hber  and  voliimen,  of  the  same  thing,  Quinc- 
tiL  ix.  4.  i  liber  grandi  volumine,  Gell-  xi.  6-  but  not  co- 
dex. Leg  ere  vel  recitare  suutn  codicem,  the  crime  of  the 
tribune  Cornelius,  who  read  his  own  law  from  a  book  in 
the  assembly  of  the  people,  when  the  herald  and  secretary, 
whose  office  that  was,  {Seep.  97.  Sc  189-)  were  hindered 
to  do  it  by  the  intercession  of  another  X.r\b\mG,  Ascon.  i?i 
Cornel.  Cic.  Vat.  2.  Quinctil-  iv.  4.  Hence,  in  after  timeSj 
Codex  vvas  applied  to  any  collection  of  laws,  Seep.  240. 

All  kinds  of  writings  were  called  LITERiE,  Cic.  pas- 
sim: Hence  Quam  vellem  nescire  liter  as,  I  wish  I 
could  not  write,  Suet.  JVer.  10.  Senec  Clem.  1-  but  liter <e  is 
most  frequently  applied  to  epistolary  writings,  (EPISTO- 
LiE,  vel  chartce  epistolares),  Cic.  used  in  this  sense  by  the 
poets,  also  in  the  singular,  Ovid'  Pont.  i.  7.  &  9.  ii.  7.  iv. 
8.  Ep.  xviii.  9.  xiK.fin.  t«f  xxi.^^w.  so  in  a  negative  form, 
Cic.  Jtt.  xiii.  39-  Fam.  ii.  17-  Arch.  8.  Verr.  i.  36.  or  for 
one's  hand-writing,  {manus).  Cic.  Att.  vii-  2.  But  in  prose^ 
litera  commonly  signifies  a  letter  of  the  Alphabet. 

Epistola  was  always  sent  to  those  who  were  absent, 
€:c,  Q.fr.  h  1,  13.  iii.  1.  3-  Fa?ji,  I  7.  ii.  4.  Codicjllf 


Method  o/WRiiiuG*     -^^^P  ^^^ 

wci  e  also  given  to  those  present,  Tacit.  AnU'  iv-  39»  Senec* 
ep.  53  So  Li  BEL  LI,  Sutt.  Aup[.  84. 

The  Romans,  at  least  in  the  time  of  Cicero,  divided  their 
letters,  if  long  into  pages,  CiC'  Att-  vi.  2.  Q,/r-i-  2.  3.  Fanu 
ii.  13.  xi.  25.  and  folded  them  in  the  form  of  a  little  book, 
Senec'  ep.  45.  tied  tlicni  round  with  a  thread,  lino  iobliga^ 
bant),  Cic.  Cat.  iii.  5.  Ovid.ep.  xviii.  28.  as  anciently,  JVep. 
Pans-  4.  Curt'  vii.  2.  covered  the  knot  with  wax,  or  with  a 
kind  of  chalk  (crt'ta),  Cic.  Flacc«  16-  Verr.  iv.  26.  and  seal- 
ed it,  (obsignal)ant)y  Plant.  Bacch.  iv.  4.  64.  96-  first  wet- 
ting the  ring  with  spittle,  that  the  wax  might  not  stick  to  it, 
Ovid.  Trist.  v.  4.  5.  Amor.  ii.  15.  15.  Juvenal-  i.  68.  Hence 
ef)istolam  vel  I  it  eras  resignafe,  aperire,  vel  solvere,  to  open, 
JVep.  Hann.  11.  Cic^  Att.  xi.  9*  resolvere,  Liv,  xxvi.  15. 
If  any  small  postscript  remained,  after  the  page  was  com- 
pleted, it  was  written  crosswise,  (.transversim)  on  the  margin, 
Cic.  Att.  v.  1. 

In  writing  letters  the  Romans  always  put  their  own  name 
first,  and  Ij^en  that  of  the  person  to  whom  they  wrote,  Auson, 
efh  20.  sometimes  with  the  addition  of  SUO,  as  a  mark  of 
familiarity  or  fondness,  Cic-  Cs?  Plin^  Martial,  xiv*  11.  if 
he  was  invested  with  an  office,  that  hkewise  was  added;  but 
no  epithets,  as  among  us,  unless  to  particular  friends,  whorn 
they  sometimes  called  Humanissimiy  optimi,  dulcissi?ni,  ani" 
ma  suce,  &.C.  Cic.  £».  Piin-  passim. 

They  always  annexed  the  letter  S  for  SALUTEM,  sc^ 
dicit,  wishes  health  ;  as  the  Greek,  x<*'p"*i  or  the  like  :  So 
Horace,  Ep'  i.  8-  Hence  salutem  aliciii  mittere,  Plaut, 
Pseud,  i.  1.  39.  Ovid.  Her.  xvi.  1.  xviii.  1.,  &c»  multam, 
vel  plurimam  dicere,  adscribere,  dare,  impertire,  nuntiarCj 
reftrre,  Stc-  as  we  express  it,  to  send  compliments,  ^o, 
CiC'  Fam.  xiv.  1.  Att.  xvi»  3. 

They  used  anciently  to  begin  with,  Si  vales,  eene 
EST,  vel  GAUDEO,  ECO  VALEo,  SencC' ep»  i"  15.  Plin-  ep- 
i.  11.  Cic.  Fam.  v.  9.  10.  xiv.  8*  11.  &c-  which  they  often 
marked  with  capital  letters,  Ilirt.  B-  Hisp.  26-  They  ended 
with  Vale,  Ovid>  Trist.  v.  13-  33.  Cura  ut  valeas  ; 
sometimes  ave  or  salve  to  a  near  relation,  with  this  addi- 
tion, MI  ANiME,  MI  suAvissiME,  &c.  Thcy  ncvcr  Sub- 
scribed their  name,  as  vre  do,  but  sometimes  added  a  prayer 

41) 


!)62  KOMAN  ANTIQUITIES. 

for  the  prosperity  of  the  person  to  whom  they  wrote  ;  as,  Dec  J 
obsecro  ut  te  conse'rvent^  Suet.  Tib-  21.  which  was  always 
done  to  the  Emperors,  Dio.  Ivii.  II  and  called  Sub- 
3CRIPTI0,  SueU  Tib.  32-  The  day  of  the  month,  some- 
times the  hour,  was  annexed,  Suet-  Aug.  50. 

Letters  were  sent  by  a  messenger,  commonly  a  slave, 
called  TABELLARIUS,  Cic.  for  the  Romans  had  no  es- 
tablished post.  There  sometimes  was  an  inscription  on  the 
outside  of  the  letter,  sometimes  not,  Plutarch-  in  Dione^ 
"When  Decimus  Brutus  was  besieged  by  Antony  at  Muti. 
iia,  Hirtius  and  Octavius  wrote  letters  on  thin  plates  of  lead, 
which  they  sent  to  him  by  means  of  divers,  ( urinatores\  and 
so  received  his  answers,  Dio-  xlvi-  36  Frontin.  iii-  13.  7. 
Appian  mentions  letters  inscribed  on  leaden  bullets,  and 
thrown  by  a  sling  into  a  besieged  city  or  camp,  Mithrid.  p. 
191.  See  Dio,  xL  9.  li.  10. 

Julius  Caesar,  when  he  wrote  to  any  one  what  he  wished 
to  be  kept  secret,  always  made  use  of  the  fourth  letter  after 
that  which  he  ought  to  have  used  ;  as  d  for  a,  l|for  b,  £s?r. 
Suet.  Cces.  56.  Dio.  xl.  1  !•  Augustus  used  the  letter  follow- 
ing, Dio.  li-  3.  as  B  for  A,  and  c  for  b  ;  for  r,  aa-  Suet.  Aug. 
88.  Isidor.  i-  24»  So  that  those  only  could  understand  the 
meaning,  who  were  instructed  in  their  method  of  writing, 
Gell-  xvii.  9. 

The  Romans  had  slaves  or  freed  mennvho  wrote  their  let- 
ters, called  AB  EPisTOLis,  Suet-  Claud-  28.  Ca  manu,  vei 
amanuenses),  Suet.  C^s.  74-  Aug.  67.  Fesp.  Tit.  i.  3. 
and  accounts,  (a  rationibus,  vel  ratiociyiatores-,  Cic-  Att. 
i.  12.  Suet.  Claud.  28.)  also  who  wrote  short-hand,  (Actu- 
ARii,  Suet-  Jul.  55.  vel  Not  AR II,  Senec-  ep-  900  as  quick- 
ly as  one  could  speak  ;  Currant  verba  licet,  manus  est  ve- 
locior  illis.  Martial  xiv.  208-  on  waxen  tables,  Au&on.  ep. 
146*  17.  Manil.  iv.  195.  sometimes  put  for  amanuenses^ 
Plin.  ep.iii.  5.  ix.  36.  who  transcribed  their  books,  (Lib  ra- 
Eii),  Cic-  ^^^  xii.  3.  Liv  xxxviii.  55.  who  glued  them, 
(clutinatores,  Cic-  Att-  iv.  4.  vulgarly  called  librorum 
co7icinnatores  vel  compactores^  /3i/3A<oir(jyor,  book-binders) ; 
polished  them  with  pumice  stone,  (pumice  poliebant,  \c\ 
hvigabant,  Ovid.  Trist*  i.  1.  9.  iii.  1.  13.)  anointed  them 
vnth  the  juice  of  cedar,  (cedro  iliinebant)  to  preserve  them 


Libraries*  565 

from  moths  aiid  rottenness,  fa  tineis  etcarie)^  Ibid.  &  Plin. 
xiii.  12.  Martial,  iii.  2.  v.  6-  viii.  61-  (hence  carmtna  cedro 
linenday  worthy  of  immortality,  Horat.  art.  p.  332.  So 
Pers.  i.  42.)  and  marked  the  titles  or  index  with  vermilion, 
(Minium,  v.  cinnabaris,  Ovid-  Ibid  Plin.  xxxiii.  1.)  x^wr- 
ple,  (rocc«^  vel  purpura)^  Martial,  ib-  red-earth,  or  red- 
ochre,  (rubncaj.  See  p.  239.  who  (:ook  care  of  their  libra- 
r3^,  (abibliotheca),  Cic.  Fam.  xiii.  77.  assisted  them  iii 
their  studies,  (a  studiis.  Suet'  CaL  28.^  read  to  them, 
(Anagnost^,  sing.  es.  Cic.  Att.  i.  12-  Fam.  v.  9.  Nep. 
\tt-  14.  Lectores,  Sutt'  Aug'  78.  Plin.  ep.  viii.  1.) 

Thefreed-men,  who  acted  in  some  of  these  capacities  un- 
der the  Emperors,  often  acquired  great  wealth  and  power. 
Thus  Narcissus,  the  secretary  (ab  epistolis-,  vel  secretisJ ^  of 
Claudius,  and  Pallas,  the  comptroller  of  the  household,  (a 
rationibus).  Suet-  Claud.  28.  so  the  master  of  requests,  [a 
libellisJ,  Suet.  Dom.  14.  Tacit.  Ann.  xv.  35.  xvi,  8. 

The  place  where  paper  was  made,  was  called  OFFICI- 
NA  chartaria,  Plin.  xviii.  10.  where  it  was  sold,  TABER- 
NA  ;  and  so  Officin-<e  armorum,  Cic'  Phil-  vii.  4.  Cy- 
CLOPUM,  workhouses,  Horat.  i.  4.  8.  Sapienti^,  Cic" 
I  egg-  i.  13  omnium  artium^  eloquentice ,  vel  dieendi^  schools, 
Id.  Or  at.  13.  Fin-  v.  3,  But  officina  ts?  taberna  are  some- 
times confounded,  Plin.  x,  43-  s.  60. 

A  warehouse  for  paper,  or  books,  or  any  merchandise, 
was  called  Apotheca  ;  a  bookseller's  shop,  Taberna 
LiBRARiA,  Cic,  Phil-  ii.  9.  or  simply  Libraria,  Gell.  v.  4- 
LiBRARiUM,a  chest  for  holding  books,  Qc.  Mil.  12. 

The  street  in  Rome,  where  booksellers  {bibliopole)  chief- 
ly lived,  was  called  Argiletus,  Mart.  i.  4.  or  that  part  of 
the  forum  or  street,  called  Janus  ;  where  was  a  temple  or 
statue  of  the  god  Vertumnus,  Horat*  ep.  i.  20.  1. 

LIBRARIES. 

A  GREAT  number  of  books,  or  the  place  where  they 
where  kept,  was  called  BIBLIOTHECA,  a  library, 
Festus. 

The  first  famous  library  was  collected  by  Ptolemy  Phila- 
delphus  at  Alexandria  in  Egypt,  B.  C.  284.  containing^ 
700,000  volumes,  Gell-  vi.  17.  the  next,  by  Attalus,  or  Eu 
menes,  king  of  Pergamus,  Pliri'  xiii.  12* 


564  ROMAN  ANTIQUITIES, 

Adjoining  to  the  Alexandrian  library,  was  a  building,  call- 
ed MUSEUM,  (i.  e.  domictlium,  specus  vel  templum  musis 
dicatumjy  Plin.  ep.  i.  9.  for  the  accommodation  of  a  college 
or  society  {<rvvo^oi)  of  learned  men,  who  were  supported  there 
at  the  public  ex  pence,  with  a  covered  walk  and  seats,  {ex^ 
edraj^  where  they  might  dispute,  Strab  17.  x^n'additioi^al 
museum  wasbuilt  there  by  Claudius,  Suet.  Claud  -42.  Mu- 
SEUM  is  used  by  us  for  a  repository  of  learned  curiosities  ; 
as  it  seems  to  have  been  by  Pliny,  xxvii»  2.  s.  6. 

A  great  part  of  the  Alexandrian  library  was  burnt  by  the 
flames  of  Caesar's  fleet,  when  he  set  it  on  fire  to  save  him- 
self, P/wfa^rA  in  C^s.  ^  Die-  42.  38-  but  neither  Czesar  him- 
self nor  Hirtius  mention  this  circumstance.  It  was  again 
restored  by  Cleopatra,  who,  for  that  purpose,  received  from 
Antony  the  library  of  Pergamus,  then  consisting  of  200,000 
volumes,  Plutarch,  in  Anton.  It  was  totally  destroyed  by 
the  Saracens,  A.  642- 

The  first  public  library  at  Rome,  and  in  the  world,  as 
Pliny  observes,  was  erected  by  Asinius  Pollio,  Plin.  vii-  30« 
XXXV.  2-  in  the  Atrium  of  the  temple  of  Liberty,  Ovid.  Trist^ 
iii.  1.  71'  on  Mount  Aventine,  Mart-  xii.  3-  5. 

Augustus  founded  a  Greek  and  Latin  library  in  the  tem- 
ple of  Apollo  on  the  Palatine  hill,  Suet.  29.  Dio.  liii.  1.  and 
another,  in  name  of  his  sister  Octavia,  adjoining  to  the  the- 
atre of  Marcellus,  Plutarch,  in  Marcell.  Ovid.  Trist.  iii*  1. 
60.  &  69. 

There  were  several  other  libraries  at  Rome ;  in  the  Capi- 
tol, Suet-  Dom,'  20.  in  the  temple  of  Peace,  GelL  xvi.  8<. 
in  the  house  of  Tiberius,  GelL  xiii.  18.  &c.  But  the  chief 
was  the  £//pzaw  library,  instituted  by  Trajan,  Gell.  xi.  17. 
which  Dioclesian  annexed  as  an  ornament  to  his  Therms ^ 
Vopisc  in  Prob-  2- 

Many  private  persons  had  good  libraries,  Cic-  Fam.  vii. 
28-  Q'/r.  iii.  4-  Att.  iv.  10.  Plutarch  in  Lucull.  Senec.  de 
iranq.  9  Horat.  od.  i.  29.  13.  particularly  in  their  country 
villas,  Cic.  Fin.  iii-  2-  Martial,  vii.  16.  Plin.  ep.  u-  17- 

Libraries  were  adorned  with  statues  and  pictures,  Suet, 
Tib*  70.  Plin-  ep,  iii*  7»  iv.  28-  particularly  of  ingenious 
aHd  learned  men,  Plin.  xxxv-  2-  Juvenal,  ii-  7.  the  walls 
and  roof  with  glasses,  Boeth-  Consol-  Plin.  xxxvi.  25.  a^^' 


Houses  o/'M(?  Romans.  565 

nee.  ep.  86.  Stat.  Silv.  i.  5-  42.  The  books  were  put  in  pres- 
ses or  cases,  (Armaria  vel  caps.'e),  along  the  walls, 
which  were  sometimes  numbered,  Fopisc.  Tac.  8.  called 
alsoFoRULi,  Suet.  ./lug.  31.  Juvenal,  iii.  219.  Locula- 
JiENTA,  Senec.  tranq.  9.  Nidi,  Martial,  i.  118.  but  these 
are  supposed  by  some  to  denote  the  lesser  divisions  of  the 
cases. 

The  keeper  of  a  library  was  called  Bibliotheca;  i??- 
bliothecarius  is  used  only  by  later  writers. 

HOUSES  OF  THE  ROMANS. 

THE  houses  of  the  Romans  are  supposed  at  first  to  have 
been  notliing  else  but  cottages,  {cas^c,  vel  tuguriaj^ 
thatched  with  straw,  Ovid-  ./tmor*  ii.  9.  18.  hence  CUL- 
MEN,  the  roof  of  a  hou^t,  (quod  culmis  tegebatur J yServ, 
in  Virg  Eel.  i.  6«  iEn.  viii.  654. 

After  the  city  was  burnt  by  the  Gauls,  it  was  rebuilt  in  a 
more  solid  and  commodious  manner;  but  the  liaste  in 
building  prevented  attei^.tion  to  the  regularity  of  the  streets, 
Zjiv.  V.  55.  Diodor.  xiv.  116 

The  houses  were  reared  every  where  without  distinction, 
(nulla  distinctione  passim  erectcej^  Tacit.  Ann.  xv.  43-  or 
regard  to  property,  omisso  sui  alienique  discrimine^  adeo  ut 
forma  urbis  esset  occupata  magis,  quam  diviS(S  similis), 
where  every  one  built  in  what  part  he  chose,  Liv.  ib-  and 
till  the  war  with  Pyrrhus,  the  houses  were  covered  only 
with  shingles,  or  thin  boards,  (SCANDULiE,  vel  scindu- 
lee^  I.  e.  tabelU,  in  parvas  laminas  sciss«)t  Plin*  xvi«  10'  s. 
15. 

It  was  in  the  time  of  Augustus  that  Rome  was  first  a- 
dorned  with  magnificent  buildings  ;  hence  that  Emperor 
used  to  boast,  that  he  had  found  it  of  brick,  but  should 
leave  it  of  marble  ;  Marmoream  se  relinquere^  quam  lateri- 
tam  accepisset^  Suet.  Aug.  29*  The  streets,  however,  still 
were  narrow  and  irregular.  Suet.  Ker.  38.  Tacit.  Ann.  xv. 
38'  and  private  houses  not  only  incommodious,  but  even 
dangerous  from  their  height,  and  being  mostly  built  of  ^^•ood, 
Juvenal,  iii.  193*  Sec  Scalis  habito  tribus,  sed  altis,  three 
stories  high,  Martial,  i.  118- 

In  the  time  of  Nero,  the  city  was  set  on  fire,  and  more 


S66  ROMAN  ANTIQUITIES: 

tlian  two  thirds  of  it  burnt  to  the  ground*  Of  fourteen 
wards  (regiones),  into  which  Rome  was  divided,  only  four 
remained  entire,  Tacit-  Ann*  xv.  40*  Nero  himself  was 
thought  to  have  been  the  author  of  this  conflagration.  He 
beheld  it  from  the  tower  of  Maecenas :  and  delighted,  as 
he  said,  with  the  beauty  of  the  flame,  played  the  taking  of 
Troy,  drest  like  an  actor,  Suet.  38.  Tacit-  Ann.  xv-  39-  40. 
44. 

The  city  was  rebuilt  with  greater  regularity  and  splen- 
dor. The  streets  were  made  straight  and  broader.  The 
areas  of  the  houses  were  measured  out,  and  their  height  re- 
stricted to  70  feet,  as  under  Augustus,  Strab.  v.  p.  162- 
Each  house  had  a  portico  before  it,  fronting  the  street,  and 
did  not  communicate  with  any  other  by  a  common  wall  as 
formerly.  It  behoved  a  certain  part  of  every  house  to  be 
built  of  Gabian  or  Alban  stone,  which  was  proof  against 
iire,  {ignibus  itnpervius)^  Tacit.  Ann.  xv.  5^. 

These  regulations  were  subservient  to  ornament  as  well  as 
utility-  Some,  however,  thought  that  the  former  narrow- 
ness of  the  streets,  and  height  of  the  houses,  were  more  con- 
ducive to  health,  as  preventing  by  their  shade  the  excessive 
heat,  Ibid, 

Buildings,  in  which  several  families  lived,  were  called  IN- 
SULiiE  ;  houses  in  which  one  family  lived,  DOMUS,  vel 
i^DES  PRIVATE,  Suet.JVer»-^wi.  38.  44.  Tacit. Ann-vi, 
45'  XV.  41-  See  p.  56. 

We  know  little  of  the  form  either  of  the  outside  or  inside 
of  Roman  houses,  as  no  models  of  them  remain.  The 
small  houses  dug  out  of  the  ruins  of  Pompeii  bear  little  or 
EK)  resemblance  to  the  houses  of  opulent  Roman  citizens. 

The  principal  parts  were, 

1.  VESTIBULUM,  which  was  not  properly  a  part  of 
the  house,  but  an  empty  space  before  the  gate,  through 
which  there  was  an  access  to  it,  Gell.  xvi.  5.  Cic.  Cacin- 12. 
Plant.  Most.  iii.  2.  130. 

The  vestibule  of  the  golden  palace  faurea  domusJ  of  Ne- 
jfo,  was  so  large,  that  it  contained  three  porticos,  a  mile  long 
each,  and  a  pond  like  a  sea,  surrounded  with  buildings  like 
a  city,  SueU  Ner*  30.   Here  was  also  a  colossus  or  statue 


Houses  of  the  Romans.  567 

ji  himself,  of  enormous  magnitude,  120  feet  high.   See  p. 

2.  JAN  U A,  ostium,  xel/ores,  the  gate,  (Po  r  t  a  murorum 
etcastrorum  ;  J  a  n  u  a  parietis  et  domorum  J  ^imdc  of  various 
kinds  of  wood,  cedar,  or  cypress,  Firg.  G.  ii.  442.  elm,  oak, 
&c-  Ovid.  Met.  iv.  487-  Amor-  ii.  1.  25.  sometimes  of  iron, 
Plant.  Pers-  iv-  4.  21.  or  brass,  Plin.  xxxiv.  3.  and  espe- 
cially in  temples,  of  ivory  and  gold,  Cic-  Verr*  iv.  S^.  Plin. 
viii.  10. 

The  gate  was  commonly  raised  above  the  ground,  so  that 
they  had  to  ascend  to  it  by  steps,  Virg.  Mn,  ii.  492.  Sen.  ep, 
84. 

The  pillars  at  the  sides  of  the  gates,  projecting  a  little 
without  the  wall,  were  called  ANT^^,  and  the  ornaments 
affixed  to  them,  wrought  in  wood  or  stone,  An  teta  omen- 
ta, Festus. 

When  the  gate  was  opened  among  the  Romans,  the  folds 
(vALVJE,  quod  intus  revolvantur)  bent  inwards,  unless  it 
was  granted  to  any  one  by  a  special  law  to  open  his  door 
outward  ;  as  to  P.  Valerius  Poplicola,  and  his  brother,  who 
had  twice  conquered  the  Sabines,  f  z/?  domus  eorum  fores 
extra  aperirentur),  Plin.  xxxvi.  15.  after  the  manner  of  the 
Athenians,  whose  doors  opened  to  the  street,  fin  publicum)  ; 
and  when  any  one  went  out,  he  always  made  a  noise,  by 
striking  the  door  on  the  inside,  to  give  warning  to  those 
without,  to  keep  at  a  distance  :  Hence  Crepuit  toris, 
Concrepuit  a  Glycerio  ostium,  the  door  of  Glycerin m  hath 
creaked,  i.  e.  is  about  to  be  opened  ;  Ter.  And.  iv.  1.  59, 
Hec.  iv.  1.  6.  Plaut-  Ampli.  1.  2.  34.  This  the  Greeks  call- 
ed i'lxpii^  Gvfxv ;  and  knocking  from  without,  y.oxruv,  pulsare 
vcl  pultare. 

A  slave  watched  CservabatJ  at  the  gate  as  porter,  (JANI- 
TOR), Ovid.  Fast.  i.  138.  hence  called  OSITARIUS, 
PUER  ab  janua,  Nep.  HaU'  12.  Claustritumus,  Gell.  xii. 
10.  usually  in  chains,  (catenatusj,  Columcl.  prvef.  Ovid. 
Am.  i.  6.  1.  Sc  25.  which,  when  emancipated,  he  consecra- 
ted to  the  Lares,  Horat.  i.  5-  65.  or  to  Saturn,  Mart.  iii«  29. 
armed  with  a  staff  or  rod,  {arundo,  vel  virga),  Senec.  de 
Const.  14.  and  attended  by  a  dog,  likewise  chained,  Suet. 
Fit.  16.  Senec-  de  Ira  J  in,' 37,    On  the  porter's  cell,  was 


$68  KOMAiV  ANTIQUITIES. 

somqtimes  this  inscription,  Cave  canem,  Petron,  29^ 
Plant- Most.  m.  2-  162. 

Dogs  were  also  employed  to  guard  the  temples,  Cic.  Sext. 
Hose.  20*  Arnob.  vi.  and  because  they  failed  to  give  warn- 
ing when  the  Gauls  attacked  the  Capitol,  Liv.  v.  47.  a  cer- 
tain number  of  them  were  annually  carried  through  the  city, 
and  then  impaled  on  a  cross,  Pliu'  xxix*  4. 

Females  also  were  sometimes  set  to  watch  the  door,  Jani- 
trices),  usually  old  women.  Plant.  Cure,  i-  1.76.  Vibull 
i.  7.  67.  Petrori'  55. 

On  festivals,  at  the  birtli  of  a  child  or  the  like,  the  gates 
were  adorned  with  green  branches,  flowers,  and  lamps,  Ju- 
venal ix-  85-  xii.  91- as  the  windows  of  the  Jews  at  Rome 
were  on  Sabbaths,  Senec.  95.  Pers'V.  180.  Before  the  gate 
of  Augustus,  by  a  decree  of  the  senate,  were  set  up  bran- 
ches of  laurel,  as  being  the  perpetual  conqueror  of  his  ene- 
mies ;  Ovid.  Trist.  iii-  1.  39.  Plin.  xv.  30.  s.  39.  hence 
LAUREATiE  FORES.  Seuec.  ad  Polyb'  35-  Laurigeri 
Penates  ;  Martial,  viii.  1.  So  a  crown  of  oak  was  sus- 
pended on  the  top  of  his  house  as  being  the  preserver  of  his 
citizens,  Plin.  xvi.  3.  which  honour  Tiberius  refused ; 
Suet'  26.  The  laurel  branches  seem  to  have  been  set  up 
on  each  side  of  the  gate,  in  the  vestibule ;  and  the  civic 
crown  to  have  been  suspended  from  above  between  them  : 
hence  Ovid  says  of  the  laurel :  mediamque  tuebere  querciim^ 
Met.  i.  5^Z^ 

The  door,  when  shut,  was  secured  by  bars,  iobiees^  claus.^ 
tra^  repagula,  vectes)  ;  iron  bolts,  (pessuli)  ;  chains,  Juv<, 
iii.  304.  locks,  {ser<s),  and  keys,  ielaves)  :  Hence  obdere 
pesmlum  foribus^  to  bolt  the  door,  Ter.  Heaut.  ii-  3.  37* 
oeeludere  ostium  pessulis,  with  two  bolts,  one  beiow,  and 
another  above,  Plant-  Aul.  i»  2.  25.  tmeinum  imrrnttere^  to 
fix  the  bolt  with  a  hook  ;  obserare  fores^  vel  ostium^  to  lock 
the  door,  Ter.  Euv.  iv.  6.  25.  seram  ponere.  Juvenal,  vi. 
34.  apposita  janua  fulta  se?'a,  lo';k'd,  Ovid.  Art.  A.  ii.  244, 
reserare^  to  open,  to  unlock,  Ovid.  Met'  x.  384.  excutere 
paste  seram,  Am.  i.  6.  24.  &c.  It  appears,  that  the  locks 
of  the  ancients  were  not  fixed  to  the  pannels  iimpages)  of 
the  doors  with  nails  like  ours,   but  were  taken  oft'  when  the 


Houses  of  the  Romans."  569 

door  was  opened  as  our  padlocks :  Hence,  et  jaceat  tacita 
lapsa  catena  sera^  Propcrt.  iv.  12.  2G. 

Knockers  {marculi  v.  mallei)  were  fixed  to  tlic  doors,  oi 
bells  {tintinnabula)  hung  up,  as  among  us,  Suet.  Aug,  91. 
Senec.  de  Ira^  iii-  QiS.  D'to.  liv-  4. 

The  porter  usually  asked  those  who  knocked  at  the  gate, 
who  they  were,  Cic.  Phil.  ii.  31-  He  admitted  or  excluded 
such  as  his  master  directed,  Suet.  0th.  3.  Senec  cp,  47- 
Sometimes  he  was  ordered  to  deny  his  master^s  being  at 
home,  Cic.  Oral.  ii.  68-  Martial,  ii.  5.  v.  23.  Ovid.  Art-  Am. 
ii.  521. 

Besides  the  janitor,  the  emperors  and  great  men  had  per- 
sons who  watched  or  kept  guard  in  the  vestibule,  (Excu- 
Bi/E,  vel  custodia),  Tacit.  Ann-  xv.  52.  to  which  Vii^il 
alludes,  j^n.  vi.  554.  575. 

A  door  in  the  back  part  of  the  house  was  called  POSTI- 
CUM,  vel  posticum  ostium,  Plant*  Stich.  iii.  1.  40.  Horat- 
cp.  i.  5.  31-  or  PsEUDOTHYRUM,  V  -on,  Cic.  Verr.  ii-  20- 
Red.  in  Senat.  6-  that  in  the  foi;epart,  Anticum  Festus* 

3-  The  Janua,  or  principal  gate,  was  the  entrance  to  the 
ATRIUM,  or  AULA,  the  court  or  hall,  which  appears  to 
have  been  a  large  oblong  square,  surrounded  with  covered 
or  arched  galleries,  iporticus  tectiS  \q\.  laqueatte),  Auson. 
Idyll.  X.  49. 

Three  sides  of  the  Atrium  were  supported  on  pillars,  in 
later  times,  of  marble,  Plin.  xvii.  !• — xxxvi.  2.  &  3. 

The  side  opposite  to  the  gate  was  called  TABLINUM  ; 
and  the  other  two  sides,  ALiE,  Fitruv.  vi.  4. 

The  tablinum  was  filled  with  books,  and  the  records  of 
what  any  one  had  done  in  his  magistracy,  Plin-  xxxv.  2. 

In  the  atrium,  the  nuptial  couch  was  erected,  See  p.  508. 
the  mistress  of  the  family,  with  her  maid-servants,  wrought 
at  spinning  and  weaving,  Cic.  Mill,  5r  Nep-  pr^f.  iln  medio 
xdium,  1.  e.  in  atrio,  Liv.  i-  57.) 

The  ancient  Romans  used  every  method  to  encourage  do- 
mestic industr^^  in  women.  Spinning  and  weaving  constitut- 
ed their  chief  employment- 

To  this  the  rites  of  marriage  directed  their  attention,  See 
p-  506.  Hence  the  frequent  allusions  to  it  in  the  poets,  Firg^ 
Mn,  viii.  408.  ix,  488.  and  the  atrmm  seems  to  have  been 

4E 


570  ROMAN  ANTIQUITIES. 

the  place  appropriated  f(~<r  their  working,  (ex  vefere  more  in 
atno  teU  texebantur,  Ascon,  in  Cic-  pro  Mil.  5.)  that  their 
industry  might  be  conspicuous  :  hence  the  qui^lines  of  a 
good  wife,  fmorigerx  uxoris)^  trohitas^forma^  fides ^fnma 
pudic'itix.  lawficxque  monus^  Auson-  Parent,  ii*  3.  xvi.  3. 
But  in  after  times,  Momen  of  r:mk  and  fortune  became  so 
luxurious  and  indolent,  that  they  thought  this  attention  be. 
low  them.  Nunc  pleraque  sic  luxu  et  inertia  defimint,  tit  ne 
lanificii  quidemcuramsusciperedignentiir^  Columf  1.  Proem. 
Or.  this  account,  slaves  only  vvere  employed  in  spinning 
and  weaving,  (Text o r es  et  textr ices,  /a«?;?cz,  et  «), 
and  a  particular  place  appropriated  to  them,  where  they 
wrought,  (textrina,  z^^-Z-um).  Thus  Verres  appointed 
in  Sicily,  Cic.  Verr  iv.  26. 

The  principal  manufacture  was  of  wool ;  for  although 
there  were  those  who  made  linen,  unteones,  Plant.  AuL 
iii.  5.  38.  Serv.  in  jEn.  vii.  14.  and  a  robe  of  linen,  (vestis 
lintea)^  seems  to  have  been  highly  valued,  CiC'  Verr.  v-  S&. 
yet  it  was  not  much  worn. 

The  principal  parts  of  the  vt^oollen  manufacture  are  de- 
scribed by  Ovid,  Met-  vi.  SZ-  dressing  the  wool ;  picking  or 
teasing,  combing,  and  carding  it,  {lanam  carpere.p  ectere, 
V  pectinare^  carminare^  &c.)  spinning  {nere,  poet-  ducerej  vel 
trahere)  with  a  distaff,  (colus),  and  spindle,  (fusus), 
winding  or  forming  the  thread  into  clews,  (glomerare)  ;  dy- 
ing, (tingere,/ucare,fueo  medicare). 

The  wool  seems  to  have  been  sometimes  put  in  round 
balls,  (glomerari  in  orbes),  before  it  was  spun,  Ovid.  Met, 
19.  Horat.  ep.  i.  13.  14. 

Wool,  when  new  cut,  (recens  tonsaJ^  with  its  natural 
moisture,  was  called  SUCCIDA,  (a  succo,  Varr.)  so  muli- 
er  sttccida^  plump,  Plant-  Mil-  iii.  1.  193.  It  used  to  be 
anointed  with  wine  or  oil,  or  swine's  grease,  to  prepare  it 
for  being  dyed,  Juvenal-  v.  24.  Plin.  viii.  48.  xxix.  2.  Farr, 
R.R.  ii.  11. 

The  loom,  {machina  in  qua  tela  texitur),  or  at  least  that 
part  to  which  the  web  was  tied,  was  called  JUGUM,  a  cy- 
linder or  round  beam  across  two  other  beams,  in  this  form, 
n,  resembling  the  jugum  ignommiosum^  under  which  van- 
«iuish«d  enemies  were  made  to  pass,  Festus,  ^  Liv.  iii.  28, 


Spinning  cwc?  Weaving.     '  57X 

The  threads  or  tlirums  wb.ich  tied  the  ueb  to  the  jugitm, 
were  cuilled  LICIA  ;  the  threads  exteiKl.d  longwise,  and  al- 
ternately raised  and  depressed,  STAMEN,  the  warp,  [a 
stando),  because  the  ancients  stood  when  rhey  wove,  plac- 
ing the  web  pcrpendicuhirly  (whence  Rudio  stantis  (i.  e. 
pendcntis)  percurrcns  stamina  telte^  Ovid.  Met.  iv.  275-)  and 
UToiigJit  upwards,  m  altitiidmem^  vel  sursum  versiiniy  Fes- 
tus),  which  method  was  dropt,  except  by  the  linen  wew- 
ers,  (LiNTEONEs)  ;  and  in  weaving  the  Tunica  Recfn,  lb. 

The  threads  inserted  into  the  warp,  were  called  SUBTE- 
MEN,  the  woof  or  ivt'ft^  (quasi  suhttximen^  vel  substatnen), 
so'no  read  subtegmen^bu^  improperly :  the  instniment  which 
sep' rated  the  threads  of  the  warp,  ARUNDO,  the  retd  ; 
ivhich  inserted  ti'.e  woof  into  the  warp,  RADIUS,  the  shut- 
tle ;  which  fix*  d  it  when  inserted,  PECTEN,  the  lay,  O- 
vid-  Mc't.  VI.  5'3.  vi'f.  Spat II A,  Senec.  ep.  91.  When  the 
web  was  woven  upright,  a  thin  piece  of  wood,  like  a  sword, 
seems  to  have  been  used  for  this  purpose  ;  as  in  the  weaving 
of  Arras,  of  Turkey  carpetting,  &c.  in  which  alone,  the  up- 
right mode  of  working  is  now  retained,  tlie  weft  is  driven  up 
with  an  instrument  somewhat  like  a  hand,  with  the  fingers 
stretched  out,  made  of  lead  or  iron.  It  is  doubtful  whether 
the  ancients  made  use  of  the  rtcd  and  lay  for  driving  up  the 
weft  as  the  moderns  do-  The  principal  pc:rt  of  the  machinerj- 
of  a  loom.,  vulgarly  called  the  Caam  or  Middles,  composed 
of  eyed  or  hooked  threads,  through  which  the  warp  passes, 
and  which,  being  alternately  r  used  and  depressed  by  the 
motion  of  tiie  feet  on  the  Treadles^  raises  or  depresses  the 
warp,  and  makes  the  shed  for  transmitting  the  shuttle  with 
the  weft,  or  something  similar,  seems  also  to  have  been  call, 
ed  LICIA  ;  hence  Lwia  tela  addere,  to  prepare  the  web  for 
weaving,  to  begin  to  weave,  Firg.  G.  i.  285. 

When  figures  were  to  be  woven  on  cloth,  several  threads 
of  the  warp  of  different  colours  were  alternately  raised  and 
depressed  ;  and  in  like  manner,  the  woof  was  inserted  :  If, 
for  instance,  three  rows  of  threads  (ifna  Hem)  of  different 
colours  were  raised  or  inserted  together,  the  cloth  was  call- 
ed TRILIX,  wrought  with  a  triple  tissue  or  v.'arp,  which 
admitted  the  raising  of  th  retn's  of  rry  p;  rt'ciil  •'  crlrr?  or 
quality,  at  pleasure,  Firg.  Mn-  iii.  467,  v.  259.  vti.  39G, 


572  ROMAN  ANTIQUITIES: 

So  BiLix,  Id-  xii.  375-  Hence  the  art  of  mixing  colours  or, 
gold  and  silver  in  cloth  :  thus,  Fert  picturatas  auri  sitbtemi- 
ne  vestes,  figured  with  a  weft  of  gold,  Firg.  Mn.  iii.  483. 
The  warp  was  also  called  TRAMA,  Senec.  ep-  91.  Hence 
trama  figures,  skin  and  bones,  like  a  thread- bare  coat, Pt?r5. 
vi.  73.  but  Servius  makes  trama  the  same  with  subtemen^ 
Virg.  Mn.  iii.  483- 

The  art  of  embroidering  cloth  with  needle  work  facu  pin- 
gere)  is  said  to  have-'been  first  invented  by  the  Phrygians  ; 
whence  such  vests  were  called  Phryg ion i-^,  Plin.  viii. 
48.  s.  74. — -the  interweaving  of  gold,  faurum  intexere)^  by 
King  Attains  ;  whence  Vestes  ATXALiCiE,  lb-  h.  Pro- 
pert,  iii.  18-  19. — the  interweaving  of  different  colours  {co- 
lores  diversos  picture  intexere)  by  the  Babylonians  ;  hang- 
ings and  furniture  of  which  kind  of  cloth  for  a  dining-room 
ftriclmiaria  Babylonica)  cost  Nero  L-  32,281  :  13  :  4.  ster- 
ling, quadragies  sestertio  ;  and  even  in  the  time  of  Cato  cost 
800,000  sestertii,  Plin-  ibid. — the  raising  of  several  threads 
at  once,  {plurimis  liciis  texere),  by  the  people  of  Alexandria 
in  iEgypt,  which  produced  a  cloth  similar  to  the  Baby- 
lonian, called  PoLYMiTA,  {ex  ■^«>^vq,7mdtits,  et  H-t^o<;,Jilum)i 
lb.  &  Martial  xiv.  150.  Isidor-  xix.  22.  wrought,  as  weav- 
ers say,  with  r  many -leaved  caam  ov  comb-  The  art  of  mixo 
ing  silver  in  clolh  {arge7itumin  Jiladeducere,  et  fills  argenteis 
vestimenta  contexere)  was  not  invented  till  under  the  Greek 
emperors;  when  clothes  of  that  kind  of  stuff  came  to  be 
much  used  under  the  name  of  Vestimenta  Syrmati- 
NA,  Salmas.  dd Fopisci  Aurelia7i.  46. 

From  the  operation  of  spinning  and  weaving,  FILUM,  a 
thread,  is  often  put  for  a  style  or  manner  of  writing,  Cic- 
Lxl.  7.  Orat.  ii.  22.  iii.  26.  Fam.  ix^  12.  Gel-  xx-  5.  and 
DucEREorDEDUCERE,  to  writc  or  compose  ;  Juvenal* 
vii.  74-  thus,  Tenui  deducta  poematafilo,  i.  e.  subtiliore  sti- 
io  scripta,  Horat.  ep.  ii.  1.  225.  Sodeductum  dicere  carmen^ 
to  sing  a  pastoral  poem,  written  in  a  sim,ple  or  humble  style, 
Virg.  eel.  vi.  5. — Ovid.  Trist.  1.  10.  18.  ep.  xvii-  88.  Pont 
i.  5.  7.  &  13.  also  texere,  Cic.  Fam.  ix.  21-  Q.fratr-  iii. 
5.  and  subtexere,  to  subjoin,  Tibull.  iv.  1.  211. 

In  the  Atrium  anciently  the  family  used  to  sup,  SerV'  in 
Firg  Mn  \.  726.  iii.  353-  where  likewise  was  the  kitchens 


Houses  of  the  Roiians?  573 

In  the  Atrium,  the  nobility  placed  the  images  of  their  an- 
jcstors,  see  p.  33.  the  clients  used  to  wait  on  their  patrons, 
Horat.  ep.  u  5.  31.  Juvenal,  vii-71.  and  receive  the  spor- 
tula,  Sec  p.  490. 

The  Atrium  ^v'as  also  adorned  with  pictures,  statues, 
plate,  &c.  and  the  place  where  these  were  kept  was  called 
PINATHECA,  Plin.  xxY\.  2.  Petron-  29.  83. 

In  later  times,  the  atrium  seems  to  have  been  divided  in- 
to different  parts,  separated  from  one  another  by  hangings  or 
veils,  (velaJ,  into  which  persons  were  admitted,  according 
to  their  different  degrees  of  favour ;  whence  tl'.Cy  ^^^''^  ealln 
ed  amici  ADMISSIONIS  prinue,  secundce,  vel  tertia  i 
which  distinction  is  said  to  have  been  first  made  by  C. 
Gracchus  and  Livius  Drusus,  Senec.  de  benef.  vi.  ^^.  34. 
Clem-'u  10.  Hence  those  who  admitted  persons  into  the 
presence  of  the  Emperor,  were  called  Ex  officio  admis- 
s I o N I  s,  Suet.  Fesp.  14.  vel  A  d m iss i o  n  a  l  e  s ,  Lamprid-  in 
Alex.  4.  and  the  chief  of  them,  Magisteradmissionum, 
master  of  ceremonies,  Fopisc.  Aurelian.  12-  usually  freed- 
men,  who  used  to  be  very  insolent  under  weak  or  wicked 
princes,  Plin.  xxxiii.  3-  and  even  to  take  money  for  admis- 
sion, Senec.  const.  Sapient.  14-  but  not  so  under  good  prin- 
ces, Plin-  pa?teg-  47. 

There  was  likewise  an  atrmm  in  temples  ;  thus  atrium. 
Libertatis,  Cic.  Mil.  22.  Liv.  xxv.  7.  Tacit.  Hist.  i.  31. 
Atrium  publicum  in  Capitoho,  Liv.  xxiv.  10. 

In  the  hall  there  was  an  hearth  (FOCUS),  on  which  a 
fire  was  kept  always  burning  near  the  gate,  under  the  charge 
of  the  janitor,  Ovid.  Past*  i.  135.  around  it  the  images 
of  the  Lares  were  placed;  whence  Lar  is  put  for  focus ^ 
ibid. 

The  ancients  had  not  chimneys  for  conveying  the  smoke 
through  the  walls  as  we  have  ;  hence  they  were"  much  in- 
fested witli  it,  Horat.  Sat-  i.  5.  81.  Fitruv.  vii.  3.  hence  also 
the  images  in  the  hall  are  called  Fumos^,CV6".  Pis*  1  Ju- 
venal, viii.  8.  and  December  Fumosus,  Irom  the  use  of 
fires  in  that  month.  Martial,  v.  31.  5. 

They  burnt  wood,  Horat.  od.  i.  9.  5.  which  they  were  at 
great  pains  to  dry.  Id.  iii.  17.  14.  and  anoint  with  the  lees 
of  oil,  famurca),  to  prevent  smoke,  Pirn.  2iv-  8.  hence  called 


574  ROMAN  ANTIQUITIES. 

ligna  ACAPNA,  (exapriv.  et  "^^^oi^fumus).  Mart.  xiii. 
15  vel  cocT A ^nefumum  faciant^\J\^\?ci\'dt  legg.  iii.  1. 
53   CatodeRRc.  130. 

The  Romans  used  portable  furnaces,  (camini  portatiles, 
fornacesy  vel  -culcs,  faculty  ignitabula  vel  <?^c^ortf) ,  for  carry- 
ing embers  and  burning  coals,  (prutKe  vel  carbones  ignitiJ, 
to  warm  the  different  apartments  of  a  house,  Suet.  Tib.  74. 
Fit.  8-  which  seem  to  have  been  placed  in  the  middle  of  the 
room,  Cat.  de  re  rust.  18.  Colum.  xi.  1. 

In  the  time  of  Seneca,  a  method  was  contrived  of  convey - 
in?  heat  from  a  furnace  below,  by  means  of  tubes  or  canals 
affixed  to  the  walls,  {per  tubos parietibus  impresses)^  which 
warmed  the  rooms  more  equally,  Senec  ep.  90.  de  provide 
4. 

4.  An  open  place  in  the  centre  of  the  house,  where  the 
rain-water  fell,  and  which  admitted  light  from  above,  was 
called  IMPLUVIUM,  or  Compluvium,Yc^\\\%\  Varrode 
L-  L,  iv  33.  Ascon-  inCic-  Varr.  i.  23.  Liv,  xliii.  15-  aL 
so  Cav.edium,  or  Cavum  iediuin,  Varr-  ibid.  Plin.  ep.  ii. 
17'  commonly  uncovered,  (suhdivaie) ;  if  not,  from  its 
arched  roof,  called  Testudo,  Farr-  ibid. 

Vitruvius  directs,  that  it  should  not  be  more  than  the 
third,  nor  less  than  the  fourth  part  of  the  breadth  of  the  A- 
trium^  vi.  4. 

The  slave  who  had  the  charge  of  the  Atrium  and  what  it 
contained,  was  called  ATRIENSIS,' P<?^ron.  29.  He  held 
the  first  rank  among  his  fellow  slaves,  Cic.  Tot).  5  Plaut' 
Asin.  ii-  3.  80-  and  exercised  authority  over  them,  Id.  ii.  4» 
18. 

5.  The  sleeping  apartments  in  a  house  were  called  CU- 
BTCULA  dormitoria^  vel  nocturna,  noctis,  et  somni ;  for 
th'"  re  were  also  citbictda  diurna^  for  reposing  in  the  day-time, 
Plin.  ep.  i.  3.  ii.  17.  v-  6. 

Each  of  these  had  commonly  an  anti-chamber  adjoining, 
(P  R  o  c  0  E  T  u  M ,  vel  Procestrium) ,  Ibid. 

There  were  also  in  bed-chambers  places  for  holding 
books,  inserted  in  the  walls,  {armaria  parieti  insertaJ,  Id. 
ii.  17. 

Any  room  or  apartment  in  the  inner  part  of  the  house, 
under  lock  and  key,  as  we  say,  was  called  CONCLAVE, 


Houses  of  the  Romans.  575 

vel  -lum^  Ter.  Henut.  v.  1.  29.  (a  con  et  clavis,  quo(^  una 
clavi  clauditur,  Festiis  ;  vel  guod  intr<i  eum  locum  (oca 
multa  et  cubicula  clausa  sunt^  adharentia  tnclinw.  Donat. 
in  Tcr.  Eun-  iii-  5.  ^5.)  put  also  for  the  Triclinium,  Cic. 
V-rr-  iv.  2G-  Orat.  ii.  86.  Quinctil.  ix.  2.  Horat.  sat.  ii.  6. 
113. 

Among  the  Greeks,  the  women  had  a  separate  apartment 
from  the  men,  called  GYN/ECEUM,  (yv»«<>c?<ov),  Cic.  Phil. 
ii.  37.  Ter.  Phorm-  v.  6.  22. 

The  slaves  who  took  care  of  the  bed-chamber  were  call- 
ed CUBICULARII,  Cic.  Att.  vi.  14-  Suet.  Tib.  21-  or 
CuBICULAREs^  Id  .Vrr'  38  the  chief  of  them.,  Proposi- 
tus cuBicULO,  vel  Decurio  CuBicuLARiORUM,  Suet, 
Dam.  16.  6t  17.  They  were  usuall}'  in  great  favour  with 
their  masters,  and  introduced  such  as  wanted  to  see  them, 
Cic  ibid,  for  the  Emperors  often  gave  audience  in  their  bed- 
chamber ;  the  doors  of  which  had  hangings  or  curtains 
suspended  before  them,  iforibus  proetenta  vela).  Tacit.  Ann. 
5'  Suet-  CI.  10.  which  were  drawn  up  (ievabantur)  when 
any  one  entered,  Senec.  ep.  81. 

The  eating  apartments  were  called  Cosnationes^  Coenacu- 
la,  vel  Triclinia.    See  p.  472.  &  473- 

A  parlour  for  supping  or  sitting  in,  was  called  DL^TA, 
Plin.  ep.  ii- 17.  Suet'  CI  10.  Sometimes  several  apartments 
joined  together,  were  called  by  that  name,  or  Ze  t  a,  Pbn.  ep, 
ii.  17  V.  6.  and  a  small  apartment  or  alcove,  which  might  be 
joined  to  the  principal  apartment,  or  separated  from  it  at 
pleasure,  by  means  of  curtains  and  windows,  ZOTHEC  A, 
vel  -cula,  ibid* 

DiOT  A,  in  the  civil  law,  is  often  put  for  a  pleasure-house 
in  a  garden  :  So  Plin.  ep.  ii.  17.  and  by  Cicero,  for  diet,  or 
a  certain  mode  of  living,  for  the  cure  of  a  disease,  Att,  iv.  3. 
It  is  sometimes  confounded  with  cubiculum,  Plin.  ep.  vi.  16. 

An  apartment  for  basking  in  the  sun  was  called  SOLA- 
RIUM, Plaut.  Mil.  ii.'4-  25.  Suet.  CI.  10.  which  Neroap- 
pointed  to  be  made  on  the  portico  before  tlie  house,  Id.  Ner, 
16.  or  He  Lie  c  A  MINUS,  Plin.  ib. 

The  apartments  of  a  house  were  variously  constructed 
and  arranged  at  different  times,  and  according  to  the  differetit 
taste  of  individuEils- 


576  ROMAN  ANTIQUITIES. 

The  Roman  houses  were  covered  with  tiles,  ( iegula)^  of 
a  considerable  breadth  ;  hence  bricks  and  tiles  are  mention- 
ed in  Vitruvius  and  ancient  monuments,  two  feet  broad, 
fbipedales)  ;  and  a  garret,  {cxnacidum)^  covered  by  one 
tile;  Suet.  Granim.  II-  When  war  was  declared  against 
Antony,  the  senators  were  taxed  at  4  oboli  or  10  asses  for 
every  tile  on  their  houses,  whether  their  own  property  or  hir- 
ed,  Dio,  xlvi-  31.  In  Nonius  Marcellus  we  read.  In  singu- 
las  tegulas  impositis  sexcentis  sexcenties  confici  posse^  c- 
iv.  93.  But  here  sexcentis  is  supposed  to  be  by  mistake  for 
sex  nummis,  or  singulas  tegulas  to  be  put  for  singula  tecta^ 
each  roof. 

The  roofs  itecta)  of  the  Roman  houses  seem  to  have  been 
generally  of  an  angular  form,  like  ours,  the  top  or  highest 
part  of  which  was  called  FASTIGIUM,  Festus,  Firg.  Mn. 
i.  442.  ii.  458-  758*  hence  operifastigium  imponere,  to  fin- 
jiish,  Cic.  Off'  iii.  7.  put  also  for  the  whole  roof,  Cic.  Orat. 
:iii.  46-  Q./r.  iii.  1.  4.  but  particularly  for  a  certain  part  on 
the  top  of  the  front  of  temples,  where  inscriptions  were  made, 
JPlin.  paneg.  54.  and  statues  erected,  Plin.  xxxv.  12.  s.  45. 
xxxvi.  5.  Hence  it  was  decreed  by  the  Senate,  that  Julius 
Cassar  might  add  a  Fastigium  to  the  front  of  his  house,  and 
adorn  it  in  the  same  manner  as  a  temple,  Flor.iy,  2-  Cic- 
jPhil.  ii-  43-  which  the  night  before  he  was  slain,  his  wife 
(Jalpurnia  dreamt  had  fallen  down,  Suet,  Jul.  81.  Plutarch^ 
in  C^s.  p.  738* 

From  the  sloping  of  the  sides  of  the  roof  of  a  house,  Fas- 
I'lciuM  is  put  for  any  declivity  ;  hence  Cloaca  fastigio  duc- 
t,ie,  sloping,  Liv.  i.  38.  So  Ct^S'  JB-  G.  i.  25.  ii.  24.  Fasti- 
f^'.ATUS,  bending  or  sloping,  Cc^s.  B.  G.  ii.  8.  and  from  its 
proper  signification,  viz.  the  summit  or  top,  it  is  put  for  dig- 
n'xty  or  rank ;  thus,  Curatio altior  fastigio suo,  a  charge su- 
p  crior  to  his  rank,  Liv.  ii.  27-  Pari  fastigio  stetit,  with  equal 
d  ignity,  JVep-  xxv.  14.  In  co7isulare  fastigium  provectuSy 
to  the  honour  of-consul,  Fell.  ii.  6^»  or  for  any  ^eacf  of  dis- 
course ;  Summa  sequar  fastigio  rerum,  I  will  recount  the 
cinief  circumstances,  Firg.  M.n.  i.  346.  also  for  depth,  as 
ahitudo^^tvw-  in  Virg-  G-  ii-  288-  The  centre  of  the  inner 
|)art  of  a  round  roof  of  a  temple,  where  the  beams  joined, 
>vas  called  THOLUS,  Sew,  in  Firg.  jEn-  ix»  408.  Ovid^ 


Houses  of  the  Romans*  577 

Fast.  vi.  296.  the  front  of  which,  or  the  space  above  the 
door,  was  also  called  Fasticium,  Vir^.  ibid.  But  any 
round  roof  was  called  Tholus,  Martial,  ii.  59.  Fitruv.  i. 
?•  5.  as  that  of  Vesta,  resembling  the  concave  hemisphere  of 
the  sky,  Ovid-  Fast-  vi.  282.  &  296.  Whence  Dio  says, 
that  the  PanllKon  of  Agrip]in  had  its  name,  because  from 
the  roundness  of  its  figure  (■9^oAof/<?£5  ev)  it  resembled  heaven, 
the  abode  of  the  gods,  liii.  27.  From  the  Tholus  offerings 
consecrated  to  the  gods,  as  spoils  taken  in  war,  &c.  used  to 
be  suspended,  or  fixed  to  the  Fastigiiim^  Firg-  ib.  and  on 
the  top  of  the  Tholus,  on  the  outside,  statues  were  some- 
times placed,  Mart,  i-  71'  10- 

The  ancient  Romans  had  only  openings  {foramina')^  in 
the  walls  to  admit  the  light ;  FENESTRiE,  windows, 
(from  <p«/v«,  ostendo  ;  hence  ocuii  et  aures  sunt  quasi  ftnes- 
tr^e  animi,  Cic  Tusc.  1.  20.)  covered  with  two  folding 
iGiwes,  {bj/ores  valvce),  of  wood,  Ovid.  Po?it.  iii.  5.  Amor.  i. 
5.  3-  and  sometimes  a  curtain,  Juvenal,  ix.  105'  hence  said 
to  be  joined,  when  shut,  Herat,  i.  25-  Cubiculum  ne  diem 
quidem  sentit^  nisi  apertisfenestris,  Plin.  ii-  17-  ix'  36-  some- 
times covered  with  a  net,  [fenestra  reticulata,  ne  quod 
animal  malejicuvi  introire  queat^  Varr.  R.  R.  iii.  7.)  occa- 
sionally shaded  by  curtains,  (obductis  veiis)y  Plin.  ep.  vii. 
21. 

Under  the  first  Emperors,  windows  were  contrived  of  a 
certain  transparent  stone,  called  LAPIS  SPECULARIS, 
found  first  in  Spain,  and  afterwards  in  Cyprus,  Cappadocia, 
Sicily,  and  Africa,  which  might  be  split  into  thin  leaves, 
fjinditur  in  quamlibet  tenues  crustas),  like  slate,  but  not 
above  five  feet  long  each,  Senec.  ep.  90-  Plin.  xxxvi.  22. 
s.  45.    What  this  stone  was,  is  uncertain. 

Windows,  however,  of  that  kind  fSPECULARII),  were 
used  only  in  the  principal  appartments  of  great  houses, 
Senec    ep.   86.  Nat.  Q.  iv.   13.  in  g.irdens,  Plin.  xv.  16. 
xix.  5.  Martial,  viii.   14.  called  Pekspicua    gemma,  ib> 
68.  in  porticos,  Plin.  ep.  ii.  17.  in  sedans,  (/<?c^zc«),  Juvenal 
iv.  21.  or  the  like- 
Paper,  lin'^n  cloth,  and  horn,  seem  likewise  to  have  been 
used  for  windows;  hence  CORN EUM  specular.  Tert.  df 
Anim,  53. 

4F 


518  ROMAN  ANTIQUITIES, 

The  Romans  did  not  use  glass  for  windows,  althougl? 
they  used  it  for  other  purposes,  particularly  for  mirrors, 
{specula  J  nor  is  it  yet  universally  used  in  Italy,  on  account 
of  the  heat  Glass  was  first  invented  in  Phoenecia  accidental- 
ly by  mariners  burning  nitre  on  the  sand  of  the  sea-shore, 
Plin-  xxxvi.  26.  s.  65.  * 

Glass  windows  (vitrea  specularia)  are  not  mentioned  till 
about  the  middle  of  the  fourth  century  by  Hieronymus,  {Su 
Jerome,)  adEzech.  xl.  16-  first  used  in  England,  A.  1177  ; 
first  made  there,  1558  ;  but  plate  glass  for  coaches  and  look- 
ing glasses  not  till  1673. 

The  Romans,  in  later  times,  adorned  the  pavements  of 
their  houses  with  small  pieces  {crusts,  vel  -a)  of  marble,  of 
different  kinds,  and  different  colours,  curiously  joined  to- 
gether,called  pavimenta  sectilia,  Suet.  Cus  56- (^'•^«<r- 

Tfoiret.^  Farro),  vel  EMBLEM  AT  A  VERMICULATA,  Cic.  Orut. 

in-  43.  or  with  small  pebbles,  (calculi,  vel.  tessene,  s.  «/<f), 
dj^ed  in  various  colours;  hence  called  Pavimenta  tessel- 
LATA,  Suet.  lb.  used  likewise,  and  most  frequently,  in 
ceilmgs,  Lucan.  x.  114.  in  after  times,  called  opz/jW2«^6'WOT, 
vel  musivum,  Mosaic  work,  probably  because  first  used  in 
caves  or  grottos,  consecrated  to  the  muses,  {musta)^  Plin, 
xxxvi,  21.  s-  42-  The  walls  also  used  to  be  covered  with 
crusts  of  marble,  lb.  6. 

Ceilings  were  often  adorned  with  ivoiy,  and  fretted  or 
formed  into  raised  work  and  hollows,  Qaqueata  tecta,  Cic. 
legg.  ii  !•  La^ue  ARIA  vel  lacunaria,  ironx lacus  or  la- 
cwna,the  hollow  interstice  between  the  beams,  Serv.  in  Virg» 
jEn.  1.  726.}  gilt,  {aurea,  Ibid.  &.  Horat.  od.  ii.  18.  inau- 
rata,  Plin.  xxxiii.  3.}  and  painted,  Plin.  xxxv.  11.  s.  40, 
Nero  made  the  ceiling  of  his  dining  room  to  shift  and  exhi- 
bit new  appearances,  as  the  different  courses  or  dishes  were 
removed,  Senec.  ep,  90.  Suet.  jVer.  31. 

VILLAS  and  GARDENS  of  the  ROMANS. 

rr^HE  magnificence  of  the  Romans  was  chiefly  conspicu- 
•*-  ous  in  their  country-villas,  Cic.  de  legg.  iii.  13. 

VILLA  originally  denoted  a  farm-house,  and  its  appur- 
•tenances,  or  the  accommodations  requisite  for  a  husband- 
3nan(gwa«  vblla,  quofructus  vehebant,  ^  unde  vehebant. 


Villas  c«(f  Gardens.  579 

cum  venderentur,  Varr.  R.  R.  i.  2.)  hence  the  overseer  of  a 
farm  was  called  VILLICUS  ;  and  his  wife,  (uxor  libtn,  et 
coNTUB£RNALis  servi),  VILLICA-  But  when  luxury 
was  introduced,  the  name  oi villa  was  applied  to  a  number 
of  buildings  reared  for  accommodating  the  family  of  an  opu- 
lent Roman  citizen  in  the  country,  Cic.  Rosc'  Com.  12. 
hence  some  of  them  nre  said  to  have  been. built  in  the  man- 
ner of  cities,  in  urbium  modum  ex(edijicat<ii,  Salhist.  Cat.  12, 
^dificia  privatOy  laxitatem  urbium  mngrinrinn  vincentia^ 
Senec-  benef.  vii.  10.  Ep.  90.  Horat.  od.  ii-  15.  iii.  1-  33. 

A  villa  of  this  kind  was  divided  into  three  parts,  Urba- 
NA,  RusTicA,  and  Fructuaria-  The  first  contained 
dining  rooms,  parlours,  bed-chambers,  baths,  tennis-courts, 
walks,  terraces,  {xysti)  &c.  adapted  to  the  different  seasons  of 
the  year.  The  villa  rmtica  contained  accommodations  for  the 
various  tribes  of  slaves  and  workmen,  stables,  &c.  and  the 
Fructuaria^  wine  and  oil-cellars,  corn-yards,  {fanilia  et  pa^ 
leariaJ,  barns,  granaries,  store-houses,  repositories  for  pre- 
serving fruits,  (aporoM<?C'e),  ^c.  Columel.  i,  4.  6. 

Cato  and  Varro  include  both  the  last  parts  under  the 
name  of  Villa  rustica,  Cat.  de  R.  R-  iii.  1.  ix.  hFarr^ 
xiii-  6.  But  the  name  of  t>?//<z  is  often  applied  to  the  first 
alone,  vvithout  the  other  two,  and  called  by  Vitruvius,  Pse  u- 
do-urbana;  by  others,  Pr^torium,  Suet-  Aug.  72- 
Cal.  37-  fit.  8. 

In  every  villa  there  commonly  was  a  tower ;  in  the  upper 
part  of  which  was  a  supping  room,  (ccenatiu,),  were  the 
guests,  while  reclining  at  table,  might  enjoy  at  the  same 
time  a  pleasant  prospect,  Phn.  ep.  ii-  17. 

Adjoining  to  the  Vilia  rustica,  were  places  for  keep- 
ing hens,  Gallinarium;  geese,  Chenoboscium  : 
ducks,  and  wild  fowl,  Nessotrophium  ;  biras,  ormthon, 
vel  AviARiuM  ;  dormice,  Glirariam  ;  swine,  Saile, 
sc.  stabulumy  et  Aar*,  hogsties  ;  hares,  rabbits,  &c.  Le po- 
ll arium  a  warren;  bees,  Apiarium;  and  even  snails, 
Cochleare,  &.c. 

There  was  a  large  park,  of  fifty  acres,  or  more  (■>rxpccS'ei- 
rii\  tor  deer  and  wild  beasts,  Theriotrophium,  vel  vi- 
va kium,  Gell'  n,  20.  but  the  last  word  is  applied  also  to  a 
fish-pond,  (Piscina),   Juvenal-  iv»  51-  or  an  oyster-bed, 


580  ROMAN  ANTIQUITIES. 

Plin.  ix«  54.  or  any  place  where  live-animals  were  kept  for 
pleasure  or  profit :  Hence  in  vivaria  mittere^  i.  e-  lactate, 
muneribus  et  observantia  omni  alicujus  htreditatem  captare, 
to  court  one  for  his  money,  Horat.  ep.  \.  1.  79.  Ad  vivaria 
currufit,  to  good  quarters,  to  a  place  were  plenty  of  spoil  is 
to  be  had,  Juvenal,  iii.  308. 

Tlie  Romans  were  uncommonly  fond  of  gardens,  (Hor- 
Tus,  vel  ORTUS,  ubi  arbores  et  olera  oriuntur),  as  indeed  all 
the  ancients  were  :  Hence  the  f^ibulous  garden  and  golden 
apples  of  the  He spe rides,  Firg.  Mn.  iv.  484.  of  Adonis 
and  Alcinous  Ih.  G.  ii-  87.  Ovid  Am-  i.  10.  56.  Pont.  iv. 
2.  10.  Stat.  Sylv.  i.  3.  81.  the  hanging  gardens  {pensiles 
horti)  of  Semiramis,  or  of  Cyrus  at  Babylon,  Plin.  xix.  4. 
the  gardens  of  Epicurus,  put  for  his  gymnasium^  or  school, 
Ibid,  et  Cic.  Att  xii-  23-  Fiv.  v.  3- 

In  the  laws  of  the  twelve  tables,  villa  is  not  mentioned, 
but  hortus  in  place  of  it,  Plin.  Ibid.  The  husbai>dmen  cull- 
ed a  garden  altera  succidia,  a  second  dessert,  or  flitch  of  ba- 
con, (perna,  petaso,  vel  lardum),  \-  hich  was  always  ready  to 
becut,. Oc.  Sen.  16*  or  asalladCACEXARiA, -orum,y«c?7?c 
concoquiy  nee  oneratura  sensum  cibo^  Plin.  xix*  4.  s.  19.) 
and  judged  there  must  be  a  bad  housewife  inequam  mater 
familiasy  for  this  was  her  charge)  in  that  house  where  the 
garden  was  in  bad  order,  Qndiligens  hortus^  i.  e.  indiligenter 
cultus).  Even  in  the  city,  the  common  people  used  to  have 
representations  of  gardens  in  their  windows,  Plin.  ibid. 

In  ancient  times,  the  garden  was  chiefly  stored  with  fruit- 
trees  and  pot-herbs,  {ex  horto  enim  plebei  macellum^  lb.) 
hence  called  Hortus  pinguis,  the  kitchen-garden,  Virg, 
G  iv.  118.  Plin-  ep-  ii  17-  and  noble  families  were  denomi- 
nated not  only  from  the  cultivation  of  certain  kinds  of  pulse, 
{legumina)y  Fahii^  Lentuli,  Pisonesy  &c.  but  also  of  lettuce, 
Lactucini^  Plin.  xix-  4* 

But  in  after  times,  the  chief  attention  was  paid  to  the  rear- 
ing of  shady  trees,  Horat.  od.  ii-  14.  22  et  od.  xv.  4.  Ovid- 
Nux.  29,  &c.  aromatic  plants,  flowers,  and  evergreens  ;  as 
the  myrtle^  ivy,  laurel^  boxwood,  &?c.  These,  for  the  sake 
of  ornament,  were  twisted,  and  cut  into  various  figures  by 
slaves  trained  for  that  purpose,  called  TOPI  ARII,  Plin-  ep. 
iii.  19.  who  were  said  Topiariam,  sc.  ortem  facere, 
Cic,  Q.yr.  iii.  1.  2.  Wopus  topiarium,  Plin,  xv.  50. 


Agriculture.  581 

Gardens  were  adorned  with  the  most  beautiful  statues, 
Cic  Dam.  43.  Pbu.  ep.  viii-  18.  f.  Here  the  Romans,  when 
they  chobe  it,  hved  in  retirement,  Cc,  Att.  xii.  40.  Suet. 
CI-  5.  Tacit.  Ann.  xvi.  34.  and  entertained  their  friends, 
St-nec-  ep.  21-  M:.rt'  iv.  64. 

The  Romans  uere  particularly  careful  to  have  their  gar- 
dens well  vvatered,  {rigui,  vel  irriguij  ;  and  for  th.<t  pur- 
p  -.e,  if  there  was  no  water  in  the  ground,  it  was  conveyed  in 
pipes,  (.inducebatur  per  canules.,  vel  fistulas  aquarias,  Plin, 
ep.  V.  6«  per  tuhos  plumheos,  vtl  hgnevs,  Piir..  xvi.  42.  s. 
81.  v^ljicfiles.,  s€u  tesfaceos,  Id- xxxi.  6.  s.  31.)  These 
aqueducts  (ductus  aqunrum)  were  sometimes  so  large,  that 
they  went  by  the  name  of  Nili  and  Eur i pi  ;  Cic.  Icgg-  ii» 
1. 

The  gardens  at  Rome  most  frequently  mentioned  in  the 
Classics,  were,  *orh  C^saris,  Horat.  sat-'i.  9-  18.  Suet- 
s'. LucuLii,  lacit-  Ann.  xi.  1.  37.  Martialis,  iv  64. 
Neronis,  Tacit- Ann.  xiv.  3.  xv.44.  Pompeii,  Cic-  Phil, 
ii«  29.  Salustii,  v.  -iani  ;  the  property  first  of  Sallust  the 
historian,  then  of  his  grand  nephew,  and  adopted  son,  Tacit", 
Ann-  iii.  30.  afterwards  of  the  emperors.  Id-  xiii.  47«  Hist. 
iii.  82.  SENECiE,  Id.  xiv.  52-  Juvenal*  x.  16.  Taro^uinii 
Super Bi,  the  most  ancient  in  the  city,  Liv.  i  54.  Ovid. 
Fast.  ii.  703.  &c. 

Adjoining  to  the  garden  were  beautiful  walks,  {ambulacra^ 
vel  -tiones)y  shaded  with  trees,  and  a  place  for  exercise, 
fpaUstra),  Cic.  legg.  ii.  2-  Gell  i-  2. 

Trees  were  often  reared  with  great  care  round  houses  in 
the  city,  Horat.  ep'  i-  10.  22.  Tibull.  iii.  3.  15.  and  statues 
placed  among  them,  Cic-  Verr.  i.  19. 

AGRICULTURE  of  the  ROMANS. 

THE  ancient  Romans  were  so  devoted  to  agriculture, 
that  their  most  illustrious  commanders  were  sometimes 
called  from  the  plough  ;  thus,  Cincinnatus,  Liv.  iii.  26. 
Cic.  Rose.  Am.  18.  The  Senators  commonly  resided  in  the 
country,  and  cultivated  the  ground  with  their  own  hands. 
Ibid.  See  p.  9.  and  the  noblest  families  derived  their  sir- 
names  from  cultivating  pariicular  kinds  of  grain  ;  as  the 
Fabii,  PisoNEs,  Lentuli,  Cicerones,  &c.  Plin.  xviii- 


582  ROMAN  ANTIQUITIES. 

1.  To  be  a  good  husbandman,  was  accounted  the  highest 
praise,  (Bonus  col  on  us,  vel  agricola,  was  equivalent 
to  ViR  Bonus,  Ibid-  3.  Cato^  R.  R.  Pr.  2.  Locuples, 
rich,  q-  loci^  hoc  est,  agri  plenus :  Pecuniosus,  a  pecorum 
copia  ;  so  Assiduus,  ab  asse  dando^  Quinctil.  v.  10.  Ovid. 
Fast.  V.  280.  Gell.  x.  5.  Festus) ;  and  whoever  neglected 
his  ground,  or  cultivated  it  improperly,  was  liable  to  the 
animadversion  of  the  Censors,  Flin.  Ibid- 

At  first  no  citizen  had  more  ground  than  he  could  culti- 
vate himself.  Romulus  allotted  to  each  only  two  acres, 
Varr-  R«  R.  i,  10.  Plin.  xviii.  11.  called  H^redium, 
{quod hceredem  sequerentur,)  Id.  and  Sors,  Ftstus  ;  or  ces- 
pesfortuitus^  Horat.  od.  ii»  15.  17.  which  must  have  been 
cultivated  with  the  spade.  An  hundred  of  these  sortes  or 
herediawtvQ:  called  Centuria;  Columell.  i.  5.  Hence  z>2 
nullam  sortein  bonnrum  natus^  i.  e*  partem  hereditatis.,  to 
no  share  of  his  grandfather's  fortune,  Liv.  !•  34.  After  the 
expulsion  of  the  kings  seven  acres  were  granted  to  each  citi- 
zen, Plin.  xviii.  3.  which  continued  for  a  long  time  to  be 
the  usual  portion  assigned  them  in  the  division  of  conquered 
lands,  Liv.  v.  30.  Fal.  Max.  iv-  3.  5.  L.  Quinctius  Cin- 
cinnatus,  Curius  Dentatus,  Fabricius,  Regulus,  .&c.  had 
no  more,  Id.  iv.  4.  6.  &  7*  Cincinnatus  had  only  four 
acres,  according  to  Columella,  prtef.  &  i-  3.  and  Pliny, 
xviii.  3. 

Those  whom  proprietors  employed  to  take  care  of  those 
grounds  which  they  kept  in  their  own  hands,  were  called 
VILLICI,  Horat.  ep.  i.  14-  Cic.  Ferr.  iii-  50.  Jtt.  xiv.  17. 
and  were  usuallj''  of  servile  condition.  Ibid. 

Those  who  cultivated  the  public  grounds  of  the  Roman 
people,  and  paid  tithes  for  them,  were  also  called  Ar  a  to- 
res, whether  Roman  citizens,  or  natives  of  the  provinces, 
iprovinciales)  ;  and  their  farms,  Arationes,  Cic,  Verr* 
iii.  20.  27.  5^.  Phil.  ii.  37. 

But  when  riches  increased,  and  the  estates  of  individuals 
were  enlarged,  opulent  proprietors  let  part  of  their  grounds 
to  other  citizens,  who  paid  a  certain  rent  for  them,  as  our 
farmers  or  tenants,  and  were  properly  called  COLONI, 
Cic.  C'Tcin.' 32.  Plin.  ep.  x.  24-  Colutn.  i.  7-  CONDUC 
TORES,  Plm.  ep.  vii  30.  or  PARTIARII,  because  usu-^ 
ally  they  shared  the  produce  of  the  ground  with  the  propr;c- 


Agriculture.  583» 

tor,  Caiits  I.  25.  \  6.  Jf,  Locate  Plin,  ep.  ix.  37.  It  ap- 
pe-if^  that  the  Romans  generally  gave  leases  only  for  five 
years,  ismguUs  lustris pr^dia /ocasse)^  Id-  ix.37. 

AGRICOLiE  was  a  general  name,  including  not  only 
those  who  ploughed  the  ground,  (ARATORES,  qui  ter- 
ram  arant,  vel  ipsi  sua  manu^  vel  per  alios^  Cic*  Verr-  v. 
38.)  but  also  those  who  reared  vines,  fvinitores)  ;  or  trees, 
{arboratoresj ;  and  shepherds,  ipastores)' 

At  first  the  stock  on  the  farm  seems  to  have  belonged  to 
the  proprietor,  and  the  farmer  received  a  certain  share  of 
the  produce  for  his  labour.  A  f.\rmer  of  this  kind  was  called 
POLITOR,  vel  Polmtor,  the  dresser  of  the  land,  or  Par- 
ti arius,  which  name  is  also  applied  to  a  shepherd,  or  to 
any  one  who  shared  with  another  the  fruits  of  his  industry. 
Such  farmers  only  are  mentioned  by  Cato,  who  calls  those 
who  farmed  their  own  grounds,  Coloni.  So  Virg-  eel-  ix. 
4.  But  this  word  is  commonly  used  in  the  same  general 
sense  with  agricoU :  JVon  dominus,  sed  colofius,  Scnec^  ep. 
88.  In  Columella,  colonus  means  the  same  with  the  farmer 
or  tenant  among  us,  who  was  always  of  a  free  condition,  and 
distinguished  from  VILLICUS,  a  bailiff  or  overseer  of  a 
farm,  a  stevvard,  who  was  usually  a  slave  or  freedman,  Co- 
lum-  i.  7-  Horat.  ep.  r.  14-  Cic-  Verr*  iii.  50-  So  shepherds, 
Virg.  eel.  i.  28.  &  41.  When  a  free-born  citizen  was  em- 
ployed as  an  overseer,  he  was  called  Procurator,   Cic, 

C<ecin.  20.  Jtt.  xiv.  17.  Orat-  i.  58-  and  those  who  acted 
under  him,  a  c  to  res,  Plin.  e/j.  iii.  19. 

The  persons  employed  in  rustic  work,  under  the  farmer 
or  bailiff,  were  either  slaves  or  hirelings ;  in  latter  times, 

chiefly  the  former,  and  many  of  them  chained ;  see  p.  42. 

Plin.   xviii.  4.  Martial-  ix.  23.  Ovid.  Pont-  i.  6-  31.   The 

younger  Pliny  had  none  such,  £p-  iii-  19. 
The  Romans  were  very  attentive  to  every  part  of  hus= 

bandry,  as  appears  from  the  writers  on  that  subject,  Cato, 

Varro,  Virgil,  Pliny,  Columella,  Palladius,  &c. 
Soils  were  chiefly  of  six  kinds  ;  fat  and  lean,  ipingue, 

vel  macriim)^  free  and  stiff,  {sohitcm  vel  spissiim,  rariwi  vel 

densum),  wet  and  dry,  {hujnidum  vel  siccum),  which  were  a- 

dapted  to  produce  different  crops,  Col.  ii.  2. 

The  free  soil  was  most  proper  for  vines,  and  the  stiff  for 

oorn.  Firg,  G.  ii.  229. 


584  ROMAN  ANTIQUITIES, 

The  qualities  ascribed  to  the  best  soil  are,  that  it  is  of  a 
blackish  colour,  {terra  nigra,  vel  pu/la,  Virg.  G.  ii.  203-) 
glutinous,  when  wet,  lb-  248.  and  easily  crumbled,  when 
dry  ;  has  an  agreeable  smell,  and  a  certain  sweetness,  lb* 
238.  P/m.  xvii.  5.  imbibes  water,  retains  a  proper  quantity, 
and  discharges  a  superfluity,  lb.  when  ploughed,  exhales 
mists  and  flying  smoke,  not  hurting  the  plough-irons  with 
salt-rust ;  the  ploughman  followed  by  rooks,  crows,  &c. 
and  when  at  rest  carries  a  thick  grassy  turf,  Plin.  ib.  Virg, 
G.  ii.  217.  Land  for  sowing  was  called  ARVUM,  {ab  a- 
rando ;  Varr*  R-  R-  1.  29  J  anciently  Arvus,  sc.  ager^, 
Plaut-Truc-  !•  2.47.  ground  for  pasture,  pascuum,  v«  -us, 
sc»  ager.  Ibid. 

The  Romans  used  various  kinds  of  manure  to  improve 
the  soil ;  particularly  dung,  CJimus  vel  stcrcus),  which  they 
were  at  great  pains  to  collect,  and  prepare  in  dunghills,  (.ster- 
quilinia,  \e\Jimeta),  constructed  in  a  particular  manner.  Col' 
i.  6.  Plin.  xxiv.  19.  et  xvii  9.  They  sometimes  sowed  pi- 
geons' dung,  or  the  like,  on  the  fields  like  seed,  and  mixed 
it  with  the  earth,  by  sarcling,  or  by  weeding-hooks,  (sarcu- 
la),  Col.  ii.  16- 

When  dung  was  wanting,  they  mixed  earths  of  different 
qualities.  Ibid-  they  sowed  lupines,  and  ploughed  them  down 
for  manure,  {stercorandi  agri  causa),  Varr.  R.  R.  i.  23. 
Beans  were  used  by  the  Greeks  for  this  purpose,  Thtophrast' 
viii.  9. 

The  Romans  also  for  manure  burnt  on  the  ground  the 
stubble,  Kstipulam  urebant),  Virg.  G.  i.  84.  shrubs,  {frute- 
ta),  Plin.  xviii.  6.  twigs  and  small  branches,  virgas  et  sar- 
mentaj  Id«  25.  They  were  well  acquainted  with  lime, 
(calx),  but  do  not  seem  to  have  used  it  for  manure,  at  least 
till  late.  Pliny  mentions  the  use  of  it  for  that  purpose  in 
Gaul,  xvii.  8.  and  hence  probably  it  was  tried  in  Italy.  He 
also  mentions  the  use  of  marl,  (MARGA),  of  various  kindsy 
both  in  Britain  and  Gaul,  and  likewise  in  Greece,  called 
there  Leucargillon,  xvii.  5.  &c.  but  not  found  in  Italy,  Ib. 

To  carry  off* the  witer,  {ad  aquam,  vel  iiliginem  nimiam 
deducendaniy)  drains  (Incilia,  vel  fo^sieincil's)  were  made, 
both  covered  and  open,  (cc^c^  et  patentes).  arcordmg  to  the 
nature  of  the  soil,  and  water- furrows,  {sulci  aquarii^  vel  eli- 


Agriculture.  585 

C€s,  quod  iindam  cliciunt,  Virg.  G.  i.  1090  Col-  ii-  2.   &  8- 
P/iri.  xviii-  6« 

The  instruments  used  in  tillage  were, 

AR  ATRUM,  the  plough  ;  concerning  the  form  of  which, 
authors  are  not  agreed.  Its  chief  parts  were,  Temo,  the 
beam  ;  .to  whicii  iha^ju^um  or  yoke  was  fastened  :  STIVA, 
the  plough  tail  or  handle  ;  on  the  end  of  which  was  a  cross- 
bar, {transversa  regula,  called  Manicula,  vel  capulus, 
Ovid.  Pont-  i.  8.  57.)  which  the  ploughman  (arator^  v-  bu- 
hidcusJ  took  hold  of,  and  by  it  directed  the  plough ;  Vomer, 
vel  -eris^  the  plough- share  ;  BURIS,  a  crooked  piece  of 
wood,  which  went  between  the  beam  and  tiie  plough-share  ; 
(hence  Aratrltm  curvum,  Virg.  G.  i.  170.)  represented 
by  V  irgil  as  the  principal  part  of  the  plough,  to  which  there 
seems  to  be  nothing  exactly  similar  in  modern  ploughs  ;  to 
it  was  fitted  the  Den  tale,  the  share- beam,  a  piece  of  tim- 
ber on  which  the  share  was  fixed  :  called  by  Virgil,  duplici 
dentalia  dorso,  i.  e.  lato  ;  and  by  Varro,  dens :  to  the  buris^ 
were  also  fixed  two  aures,  supposed  to  have  served  in  place 
of  what  we  call  mold-boards^  or  earth-boards^  by  which  the 
furrow  is  enlarged,  and  the  earth  thrown  back,  fregeritur)  ; 
CuLTER,  much  the  same  with  our  coulter,  PUn.  xviii.  18, 
RALLA,  or  ridltty  vel  -um^  the  plough-staff,  used  for  clean- 
ing the  plough  share,  Id-  19. 

The  Romans  had  ploughs  of  various  kinds ;  some  with 
wheels,  earth-boards,  and  coulters,  others  without  them,  &c, 
The  common  plough  had  neither  coulter  nor  earth-boards. 

The  other  instruments  were,  LIGO,  or  pal  a,  a  spade, 
used  chiefly  in  the  garden  and  vineyard,  but  anciently  also 
in  corn-fields,  Liv.  iii-  26.  Ilorat'  od.  iii.  6-  38-  ep.  i.  14.  27- 
Rastrum,  a  rake  ;  Sarculum,  a  sarcle,  a  hoe,  or  weed- 
ing-hook  ;  Bidens,  a  kind  of  hoc  or  drag,  with  two  hook- 
ed iron  teeth,  for  breaking  the  clods,  and  drawing  up  the 
earth  around  the  plants,  Firg.  G.  ii.  400.  Ovid.  Am.  i.  IS- 
IS-Occa,  vel  Crates  dentata,  a  harrow,  Firg.  G-  i> 
91.  PliU'  xviii.  18'  Irpex,  a  plank  with  several  teeth, 
drawn  by  oxen,  as  a  wain,  to  pull  roots  out  of  the  earth, 
Farr  Z.  L.  iv.  31.  Mark  a,  a  mattock,  or  hand  hoe,  for 
cutting  out  weeds,  Juveiial.  iii.  311.  Dolabr  a,  an  addice, 
■or  ads,  with  itsfd^e  athv/art  the  handle  :  Securi?,  an  axe, 

4G 


586  ROMAN  ANTIQUITIES, 

with  its  edge  parallel  to  the  handle  :  sometimes  joined  in 
one  ;  hence  called  Securis  dolabrata  ;  used  not  only 
in  vineyards,  but  in  corn-fields,  for  cutting  roots  of  trees, 
ifc.  Col-  ii.  2.  The  part  of  the  pruning- knife,  (falx)^  made 
in  the  form  of  the  half- formed  moon,  (semiformis  luna), 
was  also  called  Securis,  Col'  iv.  25.    • 

The  Romans  always  ploughed  with  oxen,  usually  with  a 
single  pair,  C singulis  jugis,  \t\  paribus) ,  Cic,  Verr.  iii.  2L 
often  more,  Plin.  xviii.  18.  sometimes  with  three  in  one 
yoke.  Col'  vi.  2-  10.  What  a  yoke  of  oxen  could  plough  in 
one  day  was  called  Jugum,  Farv'  R.  K.  i.  lO-  vel  JtrcERUMj, 
Plin.  xviii.  3. 

Oxen,  while  young,  were  trained  to  the  plough  with  great 
care,  Firg.  G.  iii.  163.  FarV'  i.  20.  Col  vi-  2.  The  same 
person  managed  the  plough,  and  drove  the  cattle,  (Rector, 
Plin.  ep'  8.  170  with  a  stick,  sharpened  at  the  end,  called 
Stimulus,  (xsvt/juwJ  a  goad.  They  were  usually  yoked  by 
ihe  neck  J  sometimes  by  the  horns,  Plin.  viii-  45.  Col-  ii.  2, 
The  common  length  of  a  furrow,  made  without  turning,  was 
120  feet?  hence  called  Actus,  which  squared  and  doubled 
in  length,  made  a  JUGERUM,  P/m.  xviii.  3.  used  likewise 
as  a  measure  among  the  Hebrews,  1  Sam.  xiv.  14- 

The  oxen  were  allowed  to  rest  a  little  at  each  turning. 
Col'  ii.  2-  Cum  ad  versuram  ventum  est,  vel.  Cum  versus 
peractus  est,  i.  e.  cum  sulcus  adjinem  perductus  est  ;  and 
not  at  any  other  time  ;  (jiec  strigare  in  acta  spintus,  i.  e. 
Tiec  interquiescere  in  ducendo  ji//co,  Plin-  xviii*  19' w^ff  in 
.Media  parte  versurx  consistere.  Col.  ii.  2«) 

When  in  ploughing,  the  ground  was  raised  in  the  form  of 
a  ridge,  it  was  called  PORC  A,  (i.  e.  inter  duos  sulcos  terra  ela- 
ta  vel  eminensy  Varr.  R.  R.  i.  29.  Fest.  in  Imporcitor), 
or  Lira,  Col-  ii-  4.  But  Festus  makes  porc^  to  be  also 
the  furrows  on  each  side  of  the  ridge  for  carrying  off  the  wa- 
ter, properly  called  collic^,  Plin.  xviii.  19.  s.  49.  Hence 
Lira  RE,  to  cover  the  seed  when  sown  with  the  plough,  by 
fixing  boards  to  the  ploughshare,  Plin.  xviii.  20.  Varr.  i.29, 
when  those  side  furrows  were  made,  Col.  ii.  4.  These 
ridges  are  also  called  Sulc  i ;  for  sulcus  denotes  not  only  the 
trench  made  by  the  plough,  but  the  earth  thrown  up  by  it^ 
Virg.G'llU^ 


A<;riculturi;.  587 

The  Romans  indeed  seem  never  to  have  ploughed  in  ridges 
unless  when  they  soued  They  did  not  go  round  when 
they  came  to  the  end  of  a  field,  as  our  ploughmen  do,  but 
returned  in  the  same  track.  They  were  at  great  pains  to 
make  straight  furrows,  and  of  equal  breadth.  The  plough- 
man who  went  crooked,  was  said  Deli  rare,  (i.  e.  de  lira 
decederc  ;  hence  a  recto  et  ccquo^  et  a  communi  sensu  recede 
re,  to  dote,  to  have  the  intellect  impaired  bv  '.'.ge  or  passion, 
Horat-  ep.  i.  2.  H-  Crc.  orat.  ii.  18.)  and  Pr/Evaricari, 
to  prevaricate  ;  v\  hence  this  word  was  transferred  toexpress 
crime  in  judicial  proceedings,  Plin.  xviii.  19.  s.  49.  Seep> 
288. 

To  break  and  divide  the  soil,  the  furrows  were  made  so 
narrow,  that  it  could  not  be  known  where  the  plough  had 
gone,  especially  when  a  field  had  been  frequently  ploughed, 
lb  '  This  ^vas  cccasioned  by  the  particular  form  of  the  Ro- 
man plough,  which  when  held  upright,  only  stirred  the 
ground,  without  turning  it  to  a  side. 

The  places  where  the  ground  was  left  unmoved,  (crudum 
et  immotum),  were  called  SCAMNA,  baulks,  Id.  &f  CoL 
ii.  2. 

The  Romans  commonly  cultivated  their  ground,  and  left 
it  fallow  alternately,  {altemis,  sc.  annis)  Virg.  G.  i.  71.  as 
is  still  done  in  Switzerland,  and  some  provinces  of  France. 
They  are  supposed  to  have  been  led  to  this  from  an  opinion, 
that  the  earth  was  in  some  measure  exhausted  by  carrying 
a  crop,  and  needed  a  year's  rest  to  enable  it  to  produce  ano- 
ther ;  or  from  the  culture  of  olive-trees,  which  were  some- 
times planted  in  corn-fields,  and  bore  fruit  only  once  in  two 
years,  Col-  v.  7,  8,  &  9-  Farr.  i.  55-  Plin.  xv-  3. 

A  field,  sown  every  year,  was  called  RESTIBILIS  j 
after  a  year's  rest  or  longer,  NO  V  A  LIS,  fiem-  vel  novate,  or 
Vervactum,  Plin.  xviii,  19.  s  -49.  {quod  veresemel  ara- 
turn  est)'  When  a  field,  after  being  long  uncultivated,  {ru- 
dus  vel  crudus),  was  ploughed  for  the  first  time,  it  was  said 
Proscindi;  the  second  time,  iterari,  vel  offringi,  be- 
cause then  the  clods  were  broken  by  ploughing  across,  and 
harrowing,  Festus  ;  Plin.  xviii-  "20.  the  third  time,  tertiari^ 
LiRARi,  vel  in  liram  redigi ;  because  then  the  seed  war, 
sov.m3  Farr.  i.  29.  But  four  or  five  ploughings  were  given 


588  ROMAN  ANTIQUITIES. 

to  stiff  land,  sometimes  nine,  Firg.  G.  i.  47.  Flin.  xviii.  20. 
P/m.  ep  .V.  6. 

To  express  this,  they  said,  tertio,  quarto,  qidnto  sulco  se- 
rere^iox  tei\  qiiater^qmqiiies  arare.  One  day's  ploughing, 
or  one  yoking,  was  called  Una  opera  ;  ten,  decern  oper^e^ 
Col.  ii-  4. 

Tallow-ground  was  usually  ploughed  in  the  spring  and 
autumn  ;  dry  and  rich  land,  in  winter ;  wet  and  stiff  ground, 
chiefly  in  summer :  Hence  that  is  called  the  best  land,  op- 
tima seges)y^is  Qu^  solem,  bis  frigora  sensit,  i«  e. 
bis  per  mstatem^  bis  per  hiemem  arata^  Plin.  xviii.  20.  Virg. 
G.  i.  48.  Thus  also  seges  is  used  for  ager  or  terra,  Id-  iv, 
129.  Cic.  Tusc.  ii.  5.  Locus  ubi  prima  paretur  arboribus 
Seges,  i.  e.  seminarium,  a  nursery,  Virg'  G'  ii.  266.  but 
commonly  for  sata,  growing  corn,  or  the  like,  a  crop  ;  as 
seges  lint,  G-  i.  77.  or  metaphorically,  for  a  multitude  of 
things  of  the  same  k.ind  ;  thus,  Seges  virorum,  Ovid.  Met. 
iii.  110.  Virg.  G.  ii.  142.  Seges  telorum^  i^n.  iii.  46.  Seges 
gloria),  a  field,  Cic.  Mil  13. 

The  depth  of  the  furrow  in  the  first  ploughing,  (cum  sulcus 
altius  imprimeretur),  was  usually  three  fourths  of  afoot,  or 
nine  inches,  (sulcus  dodrantalis),  Plin-  xviii.  19.  Pliny 
calls  ploughing  four  fingers  or  three  inches  deep,  Scari- 
i'lCATio,  lb.  17.  tenia  sulco  arare,  lb.  18.  tenui  suspendere 
sulco,  Virg.  G.  i.  68- 

The  seed  was  sown  from  a  basket,  CSatori  a,  sc.  corbis, 
irimodia,  containing  three  bushels.  Col.  ii.  9.C  It  was  scat- 
tered by  the  hand,  Cic,  Sen.  15.  Flirh  xviii-  24-  and  that  it 
might  be  done  equally,  the  hand  always  moved  with  the 
step,  as  with  us,  lb- 

The  Romans  either  sowed  above  furrow,  Chi  lira),  or  un- 
der furrow,  ^sub  sulco)  ;  commonly  in  the  latter  way.  The 
seed  was  sown  on  a  plain  surface,  and  then  ploughed,  so  that 
it  rose  in  rows,  and  admitted  the  operation  of  hoeing.  It  was 
sometimes  covered  with  rakes  and  harrows,  Crastris,  vcl 
crate  dentataj,  Plin.  xviii.  20» 

The  principal  seed-time,  tempus  sativufriy  sationis  v.  se- 
minationis,  vel  sementem  fdciendi ) ^  especially  for  wheat  and 
barley,  was  from  the  autumnal  equinox,  to  the  winter  sol- 
stice, Virg.  G'  i.  208.  and  in  spring  as  soon  as  the  weathey 
^ would  permit,  CoL  ij.  8-  Van*  i,  34, 


Agriculture.  58P 

The  Romans  were  attentive  not  only  to  the  proper  sea- 
sons for  sowing,  but  also  to  the  choice  of  seed,  and  to  adapt 
the  quantity  and  kind  of  seed  to  the  nature  of  the  soil,  Varr, 
I-  44.  Firg,  G.  i.  193.  Plin-  xviii.24.  s.  55. 

When  the  growing  corns,  {segetes^  vel  sata,  -orum),  were 
too  luxuriant,  they  were  pastured  upon,  depascebanturj y 
Virg.G-i.  193. 

To  destroy  the  weeds,  two  methods  were  used ;  SARCU- 
LATIO,  vel  sarritio  hoeing  :  and  RUNCATIO,  weeding, 
pulling  the  weeds  with  the  hand,  or  cutting  them  with  a 
hook.  Sometimes  the  growing  corns  were  watered,  (n^a- 
bantur),  Virg.  G.  i.  106. 

In  some  countries,  lands  are  said  to  have  been  of  surpris- 
ing fertility,  {sata  cum  midtofcenorereddebant^  Ovid.  Pont. 
i.  5.  26.)  yielding  an  hundred  fold,  {ex  tino  centum^,  some- 
times more  ;  as  in  Palestine,  Gen-  xxvi-  12.  in  Syria  and 
Africa,  Farr-  i.  44.  in  Htspania  Bcet'wa^  and  Egypt,  the 
Leontine  plains  of  Sicily,  around  Babylon,  &c.  Plin.  xviii. 
10.  &  17  but  in  Italy  in  general,  only  ten  for  one,  {ager  cum 
decimo  efficiebat^  efferebat^v . fundebat  ;  decimo cum fceiiore 
reddebat)^  Varr.  i.  44-  as  in  Sicily,  Cic-  Verr.  iii.  47-  some- 
times not  above  four,  (frumenta  cum  quarto  respondebant). 
Col.  iii-  3. 

The  grain  chiefly  cultivated  by  the  Romans  was  wheat,  of 
different  kinds,  and  called  by  different  names,  TRITI- 
CUM,  sUigo^  robiis^  also  FAR,  or  ador,  far  adoreum  vel 
semen  adoreum^  or  simply  adoreum  ;  whence  adore  a,  war- 
like praise  or  glory  ;  Adorea  aliquem  afficere,  Plaut.  Amph« 
5.  1.  38.  i.  e-  gloria^  v.  2.  10.  or  victory*;  because  a  certain 
quantity  of  corn  Cador)  used  to  be  given  as  a  reward  to  the 
soldiers  after  a  victory,  Horat-  od-iv.  3.  41.  Plin.  xviii.  3, 
No  kind  of  wheat  among  us  exactly  answers  the  description 
of  the  Roman^ar-  What  resembles  it  most,  is  what  we 
call  spelt- 

FAR  is  put  for  all  kinds  of  corn;  whence  Farina, 
meal ;  farina  silignea-,  vel  triticea^  simila,  vel  similago,  flos 
siliginis,  pollen  triticiy  flour.  Cum  fueris  nostra  paulo  ante 
farina^  i.  e.  generis  vel  gregis,  Pers-  v.  115. 

Barley,  HORDEUM,  vel  ordeum,  was  not  so  much  cul- 
tivated by  the  Romans  as  wheat.  It  was  the  food  of  horses. 


590  ROMAN  ANTIQUITIESJ 

Col  vi.  30.  sometimes  used  for  bread,  ipanis  hordeaceiuj 
Piin.  xviii.  7.  s.  14.  given  to  soldiers,  byway  olpunishment, 
instead  of  wheat,  Liv-  xxvii'  13«  In  France  and  Spain,  also 
in  Pannonia,  Dio'  xlix.  36.  especially  before  the  introduc- 
tion of  vineyards,  it  was  converted  into  ale,  as  among  us, 
called  coelia,  or  ceria  in  Spain,  and  cervisia  in  France,  Flino 
xiv.  22.  the  froth  or  foam  of  which  Cspwna\  was  used  for 
barm  or  yeast  in  baking,  ^profermento)^  to  make  the  bread 
lighter,  xviii.  7.  and  by  women  for  improving  their  skin,  iad 
€utem  nufriendarrt,)  Id.  xxii.  25. 

Oats,  AVENA)  were  cultivated  chiefly  as  food  for  horses ; 
sometimes  also  made  into  bread,  Cpanis  avenaceus^.  Ave- 
KA  is  put  for  a  degenerate  grain,  (vitiumfrumenti,  cumhor- 
deum  in  earn  degenerat)^  Plin.  xviii.  17.  Cic.  Fin.  v.  30.  or 
for  oats,  which  grow  wild,  ^steriles  avenx^  i.  e.  qua  non  se^ 
runtur),  Serv.  in  Virg.  Eel- v.  37.  G.  i.  153-  226- 

As  the  rustics  used  to  play  on  an  oaten  stalk  ;  hence  ave^ 
.na  is  put  for  a  pipe,  Uibia^  veljistula),  Virg.  Eel.  i.  2.  iii' 
27,  Martial  viii.  3.  So  calamus  stipula,  arundo^  ebur^  &.c. 

Flax  or  lint  CLINUM)  was  used  chiefly  for  sails  and  cord- 
age for  ships  ;  likewise  for  wearing  apparel,  particularly 
by  the  nations  of  Gaul,  and  those  beyond  the  Rhine,  Plin. 
xix.  1.  sometimes  made  of  surprising  fineness, /6z(/.  The 
rearing  of  flax  was  thought  hurtful  to  land.  Virgil  joins  it 
with  oats  and  poppy,  G.  i.  77. 

Willows  (SALICES)  were  cultivated  for  binding  the 
vines  to  the  trees  that  supported  them  ;  for  hedges,  Virg. .  G- 
ii.  436.  and  for  making  baskets.  They  grew  chiefly  in  moist 
ground ;  hence  udum  salictum^  Horat.  od.  ii.  5.  8-  Liv-  xxv. 
17.  Cato  9.  So  the  osier,  siler  ;  and  broom,  genista^  Virg, 
G.  ii.  11. 

Various  kinds  of  pulse  Uegu?nina)  were  cultivated  by  the 
Romans  ;  FABA,  the  bean  ;  pisum^  pease ;  lupwu??i,  lu- 
pine ;  faselus^  phaselus^  vel  phaseolus^  the  kidney-bean ; 
iens,  lentiles  deer  v.  cicercula,  vicia  v-  ervum^  vetches,  or 
tares  ;  sesamum^  v-  -a,  &c.  These  served  chiefly  as  food 
for  cattle ;  some  of  them  also,  as  food  for  slaves  and  others, 
especially  in  times  of  scarcity  ;  when  not  only  the  seed,  but 
also  the  husks  or  pods,  (siligw),  were  eaten,  Horat'  ep.  ii- 
1. 123.  Fers.  iii.  35.  The  turnip,  (rapum^  v  -o,  vtXrapus)^ 
was  cultivated  for  the  same  purpose,  Plin.  xviii.  13« 


Agriculture.  591 

There  were  several  things  sown,  to  be  cut  green  as  fod- 
der for  the  hibouiing  cattle,  as  ocimum,  vel  ccymum^fosmim 
Gricnm,  vicia^  cicera^  ervwn,  &.c.  particularly  the  herb  me- 
dica  ;  and  citysus  for  sheep,  Plin.  xiii.  24. 

The  Romans  paid  particular  attention  to  meadows,  (Pra- 
'£  A.^  quasi  semper  purata,  Plin.  xviii.  5.)  for  raising  hay  and 
feeding  cattle,  by  cleaning  and  dunging  them,  so'.ving  va- 
rious grass  seeds,  dciendiijg  them  from  catde,  and  some- 
times watering  them.  Col  ii.  17» 

Hiy  (Foenum)  was  cut  and  piled  up  in  cocks  or  small 
he^ps  of  a  conical  figure,  (in  metas  exfructum  ;  then  collect- 
ed into  large  stacks,  or  placed  under  cover,  Col.  ii-  22. 
When  the  hay  was  carried  off  the  field,  the  mowers  iftenise- 
ces.,  vel  -c<r)  went  over  the  meadows  again,  iprata  siciltebant, 
i.  t.falcibus  consecabant),  and  cut  what  thej"^  had  at  first  left. 
.  This  grass  was  called  sicilifnentum^  and  distinguished  from 
fcenum.  Late  hay  was  called  Foenum  cardum,  Vim-  xviii. 
28. 

The  ancient  Romans  had  various  kinds  offences,  {septa^ 
sepes,  vel  sepimenta)^  a  wall,  (macma,) hedge,  woodenfencCj 
and  ditch,  for  defending  their  marches,  Uimites),  and  corn- 
fields, Ftrg.  G- 1'  270.  and  for  enclosing  their  gardens  and 
orchards,  but  not  their  meadows  and  pasture- grounds- 
Their  cattle  and  sheep  seem  to  have  pastured  in  the  open 
fields,  with  persons  to  attend  them.  They  had  parks  for 
deer  and  other  wild  beasts,  Col-  ix.  prtef.  but  the  only  enclo- 
sures mentioned  for  cattle,  were  folds  for  confining  them  in 
the  night-time,  (septa,  v-  stabula  biibilia\,  ovrlia,  caprilia,  &.C* 
either  in  the  open  air,  or  under  covering*  Ftrg.  jKn.  vii-  512 

Corns  were  cut  down  (metebantur)  by  a  sickle,  or  hook, 
or  by  a  scythe  ;  or  the  ears  (spices)  yvere  stript  off  by  an  in- 
strument, called  Bati LIU M,  i.  e.  ^f-rrw/ay^rrm,  an  iron 
saw,  Farr-  i-  50-  {Falx  verriculata  rostrata^  vel  dentatOf 
merga,  vel  pecten)  ;  and  the  straw  afterwards  cut.  Col.  ii- 
21.  To  this  Virgil  is  thought  to  allude,  G.  i.  317.  and  not 
to  binding  the  corn  in  sheaves,  as  some  suppose  ;  which  the 
Romans  seem  not  to  have  done,  Col.  ibid.  In  Gaul,  the 
corn  was  cut  down  by  a  machine  drawn  by  two  horses,  Flin» 
:{viii.  30. 

Some  kinds  of  pulse,  and  also  com,  were  pulled  up  by 


592  ROMAN  ANTIQUITIES, 

the  root,  {vellebantur)^  CoU  ib.  et.  ii.  10.  12.  Pliw  xviii.  30, 
£.  72. 

The  Greeks  bound  their  corn  into  sheaves,  Homer.  II. 
xviii-  550.  as  the  Hebrews,  Gen.  xxxvii.  7-  who  cut  it  down 
with  sickles,  taking  the  stalks  in  handfulsj  brier gites)^  as  we 
do,  Ruth  ii.  15- 

The  corn,  when  cut,  was  carried  to  the  threshing-floor, 
farea),  or  barn,  ( horrcum) ^  or  to  a  covered  place,  adjoin- 
ing to  the  threshing-floor,  called  Nubilarium,  CoL  ii.  21. 
if  the  ears  were  cut  off"  from  the  stalks,  they  were  thrown 
in  baskets,  Varr.  i.  1-  When  the  corn  was  cut  with  part  of 
the  straw,  it  was  carried  in  carts  or  wains,  {plaustra)^  as 
with  us,  Virg-  ii-  206. 

The  AREA,  or  threshing-floor,  was  placed  near  the  house, 
Col.  i.  6.  on  high  ground,  open  on  all  sides  to  the  wind,  of  a 
round  figure,  and  raised  in  the  middle,  Varr.  i.  2. 

It  was  sometimes  paved  with  flint-stones,  CoU  i.  6.  but 
usually  laid  with  clay,  consolidated  with  great  care,  and 
smoothed  with  a  huge  roller,  Firg.  G-  i.  1:78. 

The  grains  of  the  corn  were  beaten  out,  (^exciitiebantury 
tundehantur.,  terebantur  vel  exterebantur)  by  the  hoofs  of 
cattle  driven  over  it,  or  by  the  trampling  of  horses,  (eguorum 
gressibuSi  Plin.  xviii.  30.  Virg.  G.  iii.  132.  Col.  ii.  21« 
lience  .^4rea  clum  messes  sole  calente  teret ;  iox  frumenta  in 
area  terentur^  Tibull.  i.  5.  22-  or  by  flails,  (baculi^  /ustest 
ve\pertw<e),  ibid,  or  by  a  machine,  called  Traha,  v.  tra- 
hea^  a  dray  or  sledge,  a  carriage  without  wheels  ;  or  TRI- 
BULA,  vel  -um^  made  of  a  board  or  beam,  set  with  stones, 
or  pieces  of  iron,  (tabula  lapidibus^  autferro  asperata),  with 
a  great  weight  laid  on  it,  and  drawn  by  yoked  cattle,  (/m- 
mentis  Juncf is),  Ibid*  et  Varr.  i.  52. 

Tribula^  a  threshing  machine,  has  the  first  syllable  long, 
from  -r/'/.flo,  tero,  to  thresh  :  but  tribulus,  a  kind  of  thistle,  (or 
warlike  machine,  with  three  spikes  or  more,  for  throwing  or 
fixing  in  the  ground,  called  also  murex^  usually  plural,  mu- 
ricesy  V.  tribulty  caltrops,  Pliri'  xix'  1-  s.  6'  Curt.  iv.  13, 
Veget.  iii.  24>'  has  tri  short,  from  T^f/«,  three ;  and  /SeAi,,  a 
spike  or  prickle. 

These  methods  of  beating  out  the  corn  were  used  by  the 
Greeks,  Homtr.  II.  xx-  495.  and  Jews,  Isai.  xxviii-  27, 


Agriculture.  S93 

Corn  was  winnowed,  CventilabaturJ,  or  cleaned  from  the 
chift',  Cacus,  -erisjj  by  a  kind  of  shovel,  ivalltts,  pala,  vel 
ventilabrun,)^  which  threw  the  corn  across  the  wind,  Farr. 
i.  52.  or  by  a  sieve,  (vaiinus  vel  cribium)^  which  seems  to 
have  been  used  with  or  without  wind,  CW-  ii-  21.  as  among 
the  Greeks,  Homer-  IL  xiii.  588-  and  Jews,  Is.  xxx.  24. 
Amos  ix.  9.  Luke  Xxii.  31. 

The  corn,  when  cleaned,  {expurgatum^)  was  laid  up  in 
granaries,  {horrea  vel  granaria),  variously  constructed,  Plin„ 
xviii.  30.  sometimes  in  pits,  (wz  scrodibus)^  where  it  was 
preserved  for  many  years ;  Varro  says  fifty,  Id.  ^  Farr,  i« 
57. 

The  straw  was  used  for  various  purposes  ;  for  littering 
cattle,  fpecori^  ovibus bubiisque  snbsternebatw\  unde  Stra- 
in en,  V.  -tiim  dictum)^  Varr.  i.  1.  3.  for  fodder,  Pl'm^ 
xviii.  30.  and  for  covering  houses  ;  whence  Culmen,  the 
roof  from  culmus  a  stalk  of  corn,  Id. 

The  straw  cut  with  the  ears  was  properly  called  Pale  a  ; 
that  left  in  the  ground,  and  afterwards  cut,  Stramen,  vel 
stramentum,  vel  stipula^  the  stubbie,  which  was  sometimes 
burnt  in  the  fields,  to  meliorate  the  land,  and  destroy  the 
weeds.  Id-  ^  Firg.  G.  i-  84-      ' 

As  oxen  were  chiefly  used  for  ploughing,  so  were  the 
fleeces  of  sheep  for  clothing ;  hence  these  animals  were 
reared  by  the  Romans  with  the  greatest  care.  Virgil  gives 
directions  about  the  breeding  of  cattle,  {qui  cultus  habendo 
sitpecori);  of  oxen  and  horses,  (armenta),  G.  iii.  49» 
72.  of  sheep  and  goats,  (greges],  v.  286.  also  of  dogs, 
404.  and  bees,  iv.  as  a  part  of  husbandry. 

While  individuals  were  restricted  by  law  to  a  small  por- 
tion of  land,  and  citizens  themselves  cultivated  their  own 
farms,  there  was  abundance  of  provisions,  without  the  im- 
portation of  grain  ;  and  the  republic  could  always  command 
the  service  of  hardy  and  brave  warriors,  when  occasion  re- 
quired. But  in  after  ages,  especially  under  the  Emperors, 
when  landed  property  was  in  a  manner  engrossed  by  a  few, 
Juvenal,  ix.  55.  and  their  immense  estates  in  a  great  mea- 
sure cultivated  by  slaves,  Liv,  vi.  12.  Seiiec,  ep-  114^ 
Rome  was  forced  to  depend  on  the  provinces,  for  supplies 
both  of  provisions,  and  of  men  to  recruit  her  nrmiVq 

4H 


594  ROMAN  ANTIQUITIES. 

Hence  Pliny  ascribes  the  ruin  first  of  Italy,  and  then  of  the 
provinces,  to  overgrown  fortunes,  and  too  extensive  posses- 
sions, fLat'ifundia^  sc.  nimis  ampla,  perdidere  Italiam : 
jam  vero  etprovincias)^  xviii.  3.  &  6. 

The  price  of  land  in  Italy  was  increased  by  an  edict  of 
Trajan,  that  no  one  should  be  admitted  as  a  candidate  for 
an  office  who  had  not  a  third  part  of  his  estate  in  land,  Plm. 
€p.  vi.  19. 

PROPAGATION  of  TREES. 

^T^HE  Romans  propagated  trees  and  shrubs  much  in  the 
-*-   same  way  as  we  do. 

Those  are  properly  called  trees  (arboresJ  which  shoot  up 
an  one  great  stem,  body,  or  trunk,  (stzrps^  truncus^  caudex, 
\q\  stipes),  2in6.i\itn  at  a  good  distance  from  the  earth, 
spread  into  branches  and  leaves,  Crami  et  folia)  ;  shrubs, 
FRUTICES,  vel  virgultaj,  which  divide  into  branches, 
rami,  v.  -uliJ^  and  twigs  or  sprigs,  {virg<^,  v.  -uU,  as  soon 
as  they  rise  frorh  the  root.  These  shrubs  which  ap- 
proach near  to  the  nature  of  herbs,  are  called  by  Pliny 
suffrutices. 

Virgil  enumerates  the  various  ways  of  propagating  trees 
and  shrubs,  (sylv^fruticesqueJ,  both  natural  and  artificial ; 
G.  ii.  9.  &c. 

1.  Some  were  thought  to  be  produced  spontaneously ;  as 
the  osier,  fsiler)  \  the  broom,  (genista)  ;  the  poplar  and 
YfiWow^CsalixJ.  But  the  notion  of  spontaneous  propaga- 
tion is  now  universally  exploded.  Some  by  fortuitous 
seeds ;  as  the  chesnut,  the  escidus,  and  oak  :  Some  from 
the  roots  of  other  trees:  as  the  cherry,  (Cerasus,  first 
brought  into  Italy  by  Lucullus  from  Cerasus,  a  city  in  Pon- 
tus,  A.  U.  680.  and  120  years  after  that,  introduced  into 
Britain,  Plin.  xv.  25.  s.  30.)  the  elm  and  laurel,  {Jaurus)y 
which  some  take  to  be  the  bay  tree. 

II.  The  artificial  methods  of  propagating  trees,  were, 
. — 1.  By  suckers,  (Stolones,  iinde  cognomefi,  STOLO, 
JPlin.  xvii.  1.  Farr.  i.  2' J  or  twigs  pulled  from  the  roots 
of  trees,  and  planted  in  furrows  or  trenches,  {.sulci  \'foss<e-^ 

2.  By  sets,  i.  e.  fixing  in  the  ground  branches,  (.rami,  v 
talea')^  sharpened  {acummati) .  like  stakes,  {acuto  robore 


Propagation  o/' Trees.'  595 

valiiveipali)  cut  into  a  point ;  (sudes  qiiadrifdcs)  slit  at  the 
bottom  in  four,  Firg.  G-  n.  25-  Plin.  xvii-  17-  or  pieces  of 
the  cleft- '.vood,  fcuudicea  secti).  Id-  or  by  planting  the 
trijnks  with  the  roots,  (.stirpes).  Id  When  plants  were 
set  by  the  root,  {cum  radice  serc'bantur)^  they  were  called 
ViviRADicEs,  quicksets,  CV.  Sen.  13. 

3.  By  layers,  (propagmes),  i.  e^bendinj^  a  branch,  and  fix- 
ing it  in  the  earth,  without  disjoining  it  from  the  mother-tree, 
whence  new  shoots  spring,  (viva  sua  plavtaria  ferra),  v,  27* 
This  method  was  thought  by  nature  from  the  bramble,  (ex 
rtibo')^  Plin.  xvii.  13  s-  21.  It  was  chiefly  used  in  vines 
and  myrtles,  Virg.  G-  ibid.  v.  63.  the  former  of  which,  how- 
ever, were  more  frequently  propagated. 

4.  Bv  slips  or  cuttings,  small  shoots  cut  from  a  tree,  and 
plnit' d  in  the  ground,  (surcidi,  et  Malleoli,  i-  e-  surculi 
utrinque  c/prfulatij,  with  knops  or  knobs,  i.  e-  protuberan- 
ces on  each  side,  like  a  small  hammer,  P/in.  xvii.  21. 

5.  By  grafting,  or  ingrafting,  (INSITJO),  i.  e.  inserting 
a  cion,  a  shoot  or  sprout,  a  small  branch  or  graff,  (fradux,  v, 
sur cuius),  of  one  tree  into  the  stock  or  branch  of  another. 
There  wi^re  several  ways  of  ingrafting  ;  of  which  Virgil  de- 
scribes only  one  ;  namely,  what  is  called  cleft  grafting, 
which  was  performed  by  cleaving  the  head  of  a  stock,  and 
putting  a  cion  from  another  tree  into  the  cleft,  (f traces  plan- 
tee  immittuntur.  Ibid-  v.  78.  Alterius  ramos  verier  e  in  alterius, 
31-)  thus  beautifully  expressed  by  Ovid,  Fissaque  adopti- 
vas  accipit  arbor  opes.  Medic,  fac.  6. 

It  is  a  received  opinion  in  Great  Britain,  that  no  graft  will 
succeed,  unless  it  be  upon  a  stock,  which  bears  fruit  of  the 
same  kind-  But  Virgil  and  Columella  say,  that  any  cion 
may  be  grafted  on  any  stock,  Omnis  surculus  omni  arbori  tn~ 
sen  potest,  si  nan  est  ei,  cm  insuritur,  cortice  dissimilis.  Col. 
V'  11.  as  apples  on  a  pear-stock,  and  cornels,  or  Cornelian 
cherries  on  a  prune  or  plum-stock,  Virg.  G.  ii.  33»  apples 
on  a  plane-tree,  pears  on  a  wild  ash,  &c.  V'  70.  Plin-  xv-  1* 
5.  s.  17. 

Similar  to  ingrafting,  is  what  goes  by  the  name  of  inocu- 
lation, or  budding,  {oculos  imponere,  inoculare,  v.  -atio.J 
The  parts  of  a  plant  whence  it  budded,  (unde  ger minaret  j^ 
were  calkd  OCULTj  eyes,  Plin,  xvii-  21.  s.  35.  and  whfu 


S96  ROMAN  ANTIQUITIES. 

these  were  cut  off,  it  was  said  occacari,  to  be  blinded.  Id. 
xvii-  22. 

Inoculation  was  performed  by  making  a  slit  in  the  bark 
of  one  tree,  and  inserting  the  bud  (gemma  v- germen)  of 
another  tree,  which  united  with  it,  v.  73.  called  also  Em- 
PLASTRATio,  CoL  V.  11.  But  Pliny  seems  to  distinguish 
them,  xvii.  16.  s.  26.  The  part  of  the  bark  taken  out,  (pajs 
exempta  ;  angustus  in  ipso  Jtodo  ^i/iz;*),  was  called  Scu- 
TULAv.  TEssELLA,  the  uamc  given  also  to  any  one  of  the 
small  divisions  in  a  chequered  table  or  pavement,  Id.  See 
p.  578. 

Forest-trees,  iarbores  sylvestres),  were  propagated  chiefly 
by  seeds ;  olives  by  truncheons,  (trunci,  caudices  sectiy  v- 
iignum  siccum),  i.  e.  by  cutting  or  sawing  the  trunk  or  thick 
branches  into  pieces  of  a  foot,  or  a  foot  and  a  half  in  length, 
and  planting  them  ;  whence  a  root,  and  soon  after  a  tree 
was  formed,  Firg.  G  ii-  30-  &  63. 

Those  trees  which  were  reared  only  for  cutting,  were 
called  Arbores  c^du^,  or  which  being  cut,  sprout  up 
again,  (auccis^  repulkdant)^  from  the  stem  or  root,  Plin.  xii. 
19.  Some  trees  grew  to  an  immense  height.  Pliny  men- 
tions a  beam  of  larix  or  larch  120  feet  long,  and  2  feet  thick, 
xvi.  40-  s-  74. 

The  greatest  attention  was  paid  to  the  cultivation  of 
vines.  They  were  planted  in  the  ground,  well  trenched  and 
cleaned,  in  pastinatOf  sc.  agro),  in  furrows,  or  in  ditches, 
Pliri'  xvii.  22.  disposed  in  rows,  either  in  the  form  of  a 
square,  or  of  a  quincunx,  Virg.  G*  ii.  277*  The  outermost 
rows  were  called  Antes,  /c/.  41 7»  &?  Festus. 

When  a  vineyard  was  dug  up,  (refodiebatur),  to  be  plant- 
ed anew,  it  was  properly  said  repastinari,  from  an  iron  in> 
strument  with  two  forks,  called  pastiminiy  Col.  iii.  18. 
which  word  is  put  also  for  a  field  ready  for  planting,  (ager 
pastinatus).    An  old  vineyard  thus  prepared  was  called  Vi- 

NETUM   RESTIBILE,  /fl^. 

The  vines  were  supported  by  reeds,  {arundines)^  or  round 
stakes,  (pali  ;  whence  vites  palare,  i.  ^.fidcire  vclpedare)^ 
or  by  pieces  of  cleft-oak  or  olive,  not  round,  iridicte),  Plin« 
icvii.  22'  which  served  as  props,  {admimcula,\.pedavienta)  ; 
round  which  the  tendrils  iclavicuU,  v,  capreoliy  i*  e.  collicu^ 


Propagation  o/" Trees.  597 

V.  cauliculi  vitei  intorti,  ut  cincinni,  Varr.  i.  51.)  twined. 

Two  reeds  or  stakes,  {.valli  furc^que  ^^f/cn^cj),  supported 

ach  vine,  with  a  stick,  ipertica)^  or  reed  across,  called  Ju- 

;UM  or  Cantherium,  Col.  iv'  12.  and  die  lying  of  tlie 

vines  to  it,  Capitum  conjug  atio,  e/  religatio,  Cic. 

Sen.  15.  was  effected  by  osier  or  willow. twigs,  many  of 

which  grew  near  Ameria  in  Umbria,  Virg  G.  i-  265.  Col.  iv* 

50.  4-  Pliri'  xvi.  37.  s.  69. 

Sometimes  a  vine  had  but  a  single  pole  or  prop  to  sup- 
port it,  w  ithout  a  jugum  or  cross-pole ;  sometimes  four 
poles,  with  a  jugum  to  each  ;  hence  called  vitis  Complu- 
VI  at  A,  (a  cavis  ft^dium  compluviis)^  Plin.  xvii.  21-  if  but  one 
jugum,  UNijtJGA,  22.  Concerning  the  fastening  of  vines 
to  certain  trees,  see  p.  492.  The  arches  formed  by  the 
branches  joined  togethar,  {cum  palmites  sarmeiUo  inter  se 
junguntur  funium  modo),  were  called  Fun  eta,  Plin.  xvii. 
22.  and  branches  of  elms  extended  to  sustain  the  vines, 
Tab UL ATA,  stories,  Firg.  G.  u.  361- 

When  the  branches,  (palmites,  V'  pa7npini),\vGre.  two  lux- 
iriant,  the  superfluous  shoots  or  twiQs  (sarmenta)  werelopt 
off  with  the  pruning-knife,  (ferro  amputata),  Cic.  Sen.  15- 
Hence  ViTEs  comp^^cer^  vel  castigare;  comas  stnngere^ 
brachia  tendere,  Virg.  G.  ii-  368.  Fampinare  for  pampinos 
decerpere,  to  lop  off  the  small  branches,  Plin-  xviii.  27. 

The  highest  shoots  were  called  Flagella,  Firg.  G.  ii. 
299.  the  branches  on  which  the  fruit  grew,  Palm^e;  the 
ligneous,  or  woody  part  of  a  vine.  Materia;  a  branch 
springing  from  the  stock,  Pampik^arilm  ;  from  ano- 
ther branch,  Fructuarium  ;  the  mark  of  a  hack  or 
chop,  Cicatrix  ;  viYiQWQt cicatricosus,  Plin.  xvii.  22.  Col' 
V.6. 

The  vines  supported  by  cross  stakes  in  dressing,  were 
usually  cut  in  the  form  of  the  letter  X,  which  was  called 
Decussatio,  Cohpn,  iv  17. 

The  fruit  of  the  vine  was  called  UVA,  a  grape  ;  put  for 
a  vine,  Virg.  G.  ii.  60-  for  wine,  Ilorat.  od-  i.  20.  10.  for 
a  vine-branch,  fpampinus).,  Ovid.  Met.  iii-  666.  for  st 
swarm  fexamen)  of  bees,  Virg,  G-  iv.  558.  properly  not  a 
single  berry,  (acinus,  v.  -urn  J,  Suet.  Aug.  76.  but  a  cluster. 
(racemij;!,  I.  f:-,  acinnrum  mnp-er^f^-,  ritm  pcdiculis),  Col.' 
xi.  2. 


598  ROMAN  ANTIQUITIES. 

The  stone  of  the  grape  was  called  Vina  ceus,  v.  -um^ 
or  acinus  vinaceus^  Cic.  Sen.  15.  Any  cluster  of  flowers  or 
berries,  {racemus  in  orbem  circumactusJ ,  particularlv  of  ivy 
fhedera),  was  called  CORYMBUS,  Plin,  xvi.  34-  Firg, 
Eel.  iii,  39.  Ovid.  Met'  iii.  665.  croc ei  corymbiy  \-  e.  flores. 
Col.  X.  301. 

The  season  when  the  grapes  were  gathered  was  called 
ViNDEMiA,  the  vintage,  (a  vino  demendo,  i.  e.  uvis  legen- 
dis) ;  whence  vindemiator^  a  gatherer  of  grapes,  Horat.  Sat. 
i.  7.  30. 

Vineyards,  (VINEiE  vel  vtneta),  as  fields,  were  divided 
by  cross  paths,  called  LIMITES  ;  Thence  lijnitare,  to  di- 
vide or  separate  ;  and  limes ^  a  boundary.)  The  breadth  of 
them  was  determined  by  law  :  see  lex  Mamilla.  A  path 
or  road  from  east  to  west,  was  called  DECIMANUS,  sc- 
limes ^  (a  mensura  denum  actuum) ;  from  south  to  north, 
C ARDO,  (c  cardine  mundi,  i.  e  the  north  pole  ;  thus, 
mount  Taurus  is  called  Cardo,  Liv-  xxxvii.  34.J  or  se- 
7nita  ;  whence  semitarCy  to  divide  by-paths  in  this  direc- 
tion, because  they  were  usually  narrower  than  the  other 
paths.  The  spaces,  (area)y  included  betweeen  twose- 
mita^  were  called  Paging,  comprehending  each  the 
breadth  of  five  palt^  or  capita  vitium^  distinct  vines, 
Plin.  xvii.  22.  Hence  agri  Compaginantes,  contigu* 
ous  grounds. 

Vines  were  planted  (serebantur)  at  different  distances, 
according  to  the  nature  of  the  soil,  usually  at  the  distance 
of  five  feet,  semetimes  of  eight ;  of  twenty  feet  by  the  Urn- 
bri  and  Marsi,  who  ploughed  and  sowed  corn  between  the 
vines,  which  places  they  called  Porculeta.  Vines 
which  were  transplanted,  {translate),  bore  fruit  two  years 
sooner  than  those  that  were  not,  {sate)^  Plin.  ibid. 

The  LimitesJ^Ecv^iAiii  were  called  prorsi,  i.  e-  porro 
versiy  straight ;  and  the  Carbines  tran.wers?^  cross,  Fes- 
tus ;  from  the  decumani  being  the  chief  paths  in  a  field  ; 
hence  d  e  c  u  m  a  n  u s  for  mag7ius  ;  thus,  Ova  vel  poma  decu- 
itiana^  Festus.  Acipenser  decumanus^  large,  Cic.  Fin.  ii.  8- 
So  Fluctus  decimanusy  vel  decimtis,  the  greatest,  Ovid.  Trist 
\.  2.  49.  Me^.  xi.  530.  Sil-  xiv.  122.  Lucan-  v.  672-  Sefiec. 
Again.  502.  as  ''■ptx-^H^K^y  tertius  fluctus ^  among  the  Greeks, 


Carriages,  59.9 

kiXf  iTEs  is  also  put  for  the  streets  of  a  city,  Liv.  xxxi. 
24. 

Pliny  directs  the  limites  deaimani  in  vineyards  to  be  made 
eigliteen  feet  broad  ;  and  the  cardines,  or  transversi  limitest 
ten  feet  broad,  Plin.  xvii.  22.  s-  35. 

Vines  were  planted  thick  in  fertile  ground,  {pingiii  cam- 
po),  and  thinner  on  hills,  but  always  in  exact  order,  ^ad  un- 
guem)y  Virg.  G.  ii-  277. 

The  Romans,  in  transplanting  trees,  marked  on  the  bark 
the  way  each  stood,  that  it  might  point  to  the  same  quarter 
of  the  heaven  in  the  place  where  it  was  set,  Firg-  G:  ii.  269« 
ColumelL  de  Arbor.  17.  4. 

In  the  different  operations  of  husbandry,  they  paid  the 
same  attention  to  the  rising  and  setting  of  the  stars,  as  sail- 
ors. Id.  G.  i-  204.  also  to  the  winds.  Id  5L  iii.  273. 

l^he  names  of  the  chief  winds  \vtYQ*Aquilo,  or  Boreas^ 
th*"  north-wind  ;  Zephyrus^  vel  Favonius,  tlie  wesr.-wind  ; 
Auster  V.  jXotus,  the  south- wind  ;  Eurus^  the  east-wind  ; 
Corus^  Caurus-,  vel  Japix^  the  north-west ;  Africus,  vcl 
Libs,  the  south-west.  Senec.  nat.  p.  v.  16.  Volturnus^  the 
south-east,  &c-  But  Pliny  denominates  and  places  some  of 
these  differently,  ii.  47.  xviii.  33.  &  34.  Winds  arising  from 
the  laud  were  called  Altani,  or  apogai ;  from  the  aes  trO" 
paiy  Plin.  ii.  44. 

The  ancients  observed  only  four  winds  ;  called  Venti 
Cardinales,  Sej-V'  in  Virg^'i.  131.  because  they  blow 
from  the  four  cardinal  points  of  the  world,  Plin.  ii.  47.  Ho- 
mer mentions  no  more,  Odijss'  E.  295.  So  in  imitation  of 
him,  Ovid.  Met.  i.  61.  Trist.  i.  2.  27.  and  Manilius, 
Astron.  iv.  589.  Afterwards  intermediate  winds  were  ad- 
ded, first  one,  and  then  two,  between  each  of  the  venti  Car^ 
dinales' 

CARRIAGES  of  the  ROMANS. 

npHE  carriages  (Vehicul A, z^<?£';a^z//a,  v.  -aculaj^ofihc 
-*-  ancients,  were  of  various  kinds  :  which  are  said  to  have 
been  invented  by  different  persons  ;  by  Bacchus  and  Ceresy 
2\buU.  ii.  1.  42.  Minerva,  Cic.  Nat^  D.  iii.  24.  Erichtho. 
nius,  Virg'  G.  iii.  113.  the  Phrygians,  Plin.  vii.  56,  &c. 
Beasts  of  burden  were  most  anciently  used,  ^animnl^a  v* 


600  ROJNIAN  ANTIQUITIES. 

jtimenta  DOSSUARIA,  vel  dorsualla^  from  dorsum,  i*  c, 
tota  posterior  pars  corporiHy  quod  ea  devexa  Jit  ^^ov^nv^y 
Festus),  A  dorser,  dorsel,  or  dosser,  a  pannel,  or  pack-sad- 
dle, {.clitella  vel  stratum),  was  laid  on  them,  to  enable  them 
to  bear  their  burden  more  easily,  used  chiefly  on  asses  and 
mules;  (hence  called  Clitellarii,  humorously  applied 
to  porters,  geriili  vel  bajuli,  Plaut.  Most-  iii.  2-  94)  but  not 
oxen  ;  hence  CLiTELL-i?".  bovi  sunt  imposit^,  when  a 
task  is  imposed  on  one,  which  he  is  unfit  for,  Cic.  Att'  \' 
15.  Bos  clitellas,  sc.  portat,  Quinctil-  v.  11. 

This  covering  was  by  later  writers  called  SAGMA  ; 
put  also  for  sella  or  ephippium,  a  saddle  for  riding  on  : 
Irltnce  j  amenta  sagmaria,  vel  sarcinaria,  et  sell  aria, 
Veget.  ii.  10.  Lamprid-  Heliog-  4.  sometimes  with  a  coarse 
cloth  below,  Cento,   \e\  centu?icuiuSi  a  saddle-cloth, 

A  pack-horse  was  called  Cab  all  us  or  Cantherius,  v* 
^um  sC'jumenfum,  {quasi  carenterius,  i.  e.  equus  castratus,  a 
gelding ;  qtii  hoc  distat  ab  equo^  quod-  majalis  a  verre^  a 
barrow  or  hog  from  a  boar,  capus  a  gallo,  vervex  ab  ariete, 
Varro.  de  re  Rust.  ii.  7.  fin.)  Cic.  Fam.  ix.  18. 

Hence  tniriime  sis  cantherium  infossa^  be  not  a  pack- 
horse  in  the  ditch,  Liv.  xxiii.  47-  Some  make  cantherius  the 
same  with c/i?^//anw5,  an  ass  or  mule,  and  read;  Minime,, 
sc»  descendam  in  viam  ;  Scis,  cantherium  in  fossa, 
sc.  equus  habebat  obvium,  i.  e.  you  know  the  fable  of  the 
horse  meeting  an  ass  or  mule  in  a  narrow  waj%  and  being 
trodden  down  by  him,  Scheffer-  de  re  vehic'  See  Swin- 
burne's Travels  in  the  south  of  Italy,  vol.  ii.  sect-  66. 
Others  suppose  an  allusion  to  be  here  made  to  the  prop  of 
a  vine,  Gronovius  in  lac- 

He  who  drove  a  beast  of  burden,  was  called  AGASO, 
and  more  rarely,  Agitator,  Virg.  G.  i.  273.  A  leathern 
bag,  (sacculus  scorteus'),  or  wallet,  in  which  one  who  rode 
such  a  beast  carried  his  necessaries,  was  called  Hippope- 
RA,  Senec*ep.  87.  Mantica,  Z^orfl^  sat.  i.  6.106.  Pera 
?^^/ averta,  a  cloak-bag  or  portmanteau,  Schohast.  ib,  or 
BuLCA,  Festus. 

An  instrument  put  on  the  back  of  a  slave  or  any  other  per- 
son, to  help  him  to  carry  his  burden,  was  called  .^^rum- 
NULA,  (from^'f^' ^(?//o),  ruRCA  vel  furcilla,  Festus^ 


Carriagei:.  601 

Plant.  Casin.  ii.  8'  2.  and  because  Marius,  to  diminish  the 
number  of  waggons,  which  were  an  incumljrance  to  the  ar- 
my, appointed  that  thL'  soldiers  should  carry  thjir  baggage, 
(sarcina^y  vasa  et  cibaria)  tied  up  in  bundles  upon/«rr«,  or 
forks  ;  b  )th  the  soldiers  and  tiiese/«r<7«,  were  called  MU- 
LI  MARIANI,  Fcst.  in  /Erumnula,  Is'  Frontin.  iv-  1.  7- 
Plutarch,  in  Mar.  Exfellere,  ejicere,  vel  extrude- 
RE  FURCA,  vcl/urciliay  to  drive  away  by  force,  Horat.  ep. 
i.  10.  24.  Cic.  An-  xvi.  2. 

Any  thing  carried,  not  on  the  back,  but  on  the  shoulders, 
or  in  the  hands  of  men,  was  called  FERCULUM  ;  as  the 
diphes  at  an  entertainment,  Suet.  Au^.  74.  the  spoils  at  a  tri- 
umph, Id'  C<es-  37.  the  images  of  the  gods  at  sacred  games. 
Id.  76.  the  corpse  and  other  things  carried  at  a  funeral.  Id' 
Cal  16. 

When  persons  were  carried  in  a  chair  or  sedan,  on  which 
they  sat,  it  was  called  SELLA  gestatoria^  portatona,\'-> 
fertona^  Suet-  Ner.  26.  or  Cathedra,  Juvenal,  i.  64.  vi. 
90.  in  a  couch  or  litter,  on  which  they  lay  extended,  LEC- 
TICA  vel  cubile.  Suet.  Dam.  2.  Ovid.  A.  A.  i.  487-  used 
both  in  the  city  and  on  journies,  Tac' hist.  i.  2»5,  Ann.  xivo 
4.  Plin.  ep-  iii.  5-  Suet.  0th.  6.  Ner.  26.  Vit.  16.  some- 
times open,  and  sometimes  covered,  Cic.  Phil.  ii.  41-  Att^ 
x»  12.  with  curtains  of  skin  or  cloth,  Martial'  xi.  99.  11. 
called  Plagul.e,  Suet.  Tit.  10.  which  were  occasionally 
drawn  aside,  Senec.  Suas.  7«  sometimes  with  a  window 
of  glass,  or  trartsparent  stone,  Juv.  iii-  242.  iv.  20-  so  that 
they  might  either  read  or  write,  or  sleep  in  them,  Juv.  \\u 
249-  There  were  commonly  some  footmen  or  lacqueys 
who  went  before  the  sedan,  fcuR sores),  Petrun.  28.  Se- 
nec- ep.  123. 

mht  selLe  2iX\di  lectic<^  of  women  were  of  a  different  con- 
struction from  those  of  men ;  hence  sella  vel  lectica  mulie- 
brisy  Suet.  Oth.  6.  The  cathedra  is  supposed  to  have  been 
JjecuUar  to  women,  ./«y.  vi- 91.  Mart.  xii.  38-  The  sella 
usually  contained  but  one  ;  the  lectica^  one  or  more,  Tacit" 
hist,  iii- 67.  Suet.  AVr.  9-  Cic.  Q./r.  ii.  9-  ThQ  sella  had  only  a 
small  pillow  icervicaO,  to  recline  the  head  on,  Juv.  vi.  352. 
The  lectica  had  a  mattress,  Senec-  ad  Marc.  16<>  stuffed  with 
feathers  ;  henre  tevsilesplumx,  Juy-  i,  159-  sometJures  wi^ 

4  J 


602  ROMAN  ANTIQUITIES, 

roses,)  pulvimts  rqsafarctus),  Cic.  Verr.  v*   11.  probably 
with  ropes  below,  Mart.  ii.  57*  6.  Gell.  x.  3. 

The  selU  and  lectic<s  were  carried  by  slaves,  called  LEC- 
'TICARIl,  calones^  gerali^  v.  bajiih^  Senec.  ep.  80,  &  110* 
drest  commonly  in  a  dark  or  redpe/zw/a,  Id.  ben.  iii.  28- 
tall,  {longiw-  proceri,)  and  handsome,  Senec.  ep-  110.  from 
different  countries,  Juv,  iii.  249-  vi.  350.  vii.  132.  viii.  132. 
ix.  142.  They  were  supported  on  poles,  (ASSERES,  vel 
amites).  Id-  vii-  132.  Mart.  ix.  23-  9,  not  fixed,  but  remove- 
able,  (exemptiles).  Suet.  Cal.  58.  placed  on  the  shoul- 
ders or  necks  of  the  slaves,  FHn-  pan.  22.  &  24.  hence 
they  were  said  aliquem  succolare,  Suet.  CI.  10.  and 
those  carried  by  them,  succollwi^  Id.  Oth»  6-  who  were  thus 
greatly  raised  abo'-c  persons  on  foot,  particularly  such  as 
were  carried  in  the  sella  or  cathedra^  Juvenal  iii.  240. 

The  sella  was  commonly  carried  by  two,  Juv.  ix.  142. 
and  the  tectic,a,  by  four  j  sometimes  by  six,  hence  called 
hexaphoros,  Mart.  ii.  81.  and  by  eight,  OCTOPHOROS. 
V.  -uniy  Id.  vi.  59.  ix-  3*  See  p.  518. 

When  the  Lectica  was  set  down,  it  had  four  feet  to  sup- 
port it,  usually  of  wood,  Catull.  x.  22.  sometimes  of  silver 
or  g'old,  yltheth  v.  10.  The  kings  of  India  had  Lectica  of 
solid  gold,  Curt.  viii.  9. 

The  use  of  Lectiat  is  thought  ta  have  been  introduced  at 
Rome  from  the  nations  of  the  East  towards  the  end  of  the 
republic.  But  we  find  them  mentioned  long  before,  on  jour- 
ney, and  in  the  army,  Liv-  xxiv.  42.  Gell.  x.  3-  The  Em- 
peror  Claudius  is  said  first  to  have  used  a  sella  covered  at 
top,  Dio.  Ix.  2. 

They  do  not  seem  to  have  been  used  in  the  city  in  the 
time  of  Plautus  or  of  Terence  ;  but  they  were  so  frequent 
under  Caesar,  that  he  prohibited  the  use  of  them,  unless  to 
persons  of  a  certain  rank  and  age,  and  on  certain  daj^s,  Su- 
et. Cees.  43.  CL  28.  Those  who  had  not  sedans  of  their 
own,  got  them  to  hire,  Juvenal,  vi-  352.  ix.  142-  Hence  we 
read  in  later  times  of  Corpora  et  castra  Lecticariorumj 
^vho  seem  to  have  consisted  not  only  of  slaves,  but  of  ple- 
beians of  the  lowest  rank,  particularly  freed  men,  Mart,  iii, 
46.  (SelL/E  erant  ad  exo?ierandum  ventrem  apta^  et  Pri- 

VATiE,  VelY AMILIAKIQM,  VaVT,  R.  R- 1.  14- f?  PuBilCiE, 

Martial  xii,  78) 


I 


Carriages.  605 

A  Ivind  of  close  litter  carried  (gestata  v-  deportatajhy 
two  mules,  TMuli,  ex  equa  et  asino;  Hinni,  uli,  v. 
BuRDONEs,  ex  equo  et  astna,  Plin.  viii.  44-  s.  69.  or  little 
horses;  Manni,  Ovid- Amor.  ii.  16.  49.  i.  c-  equi  mirmtiy 
vel  pumiiity  s-  iones,  dwarfs),  was  called  BASTARNA, 
mentioned  only  by  later  writers. 

A  carriage  without  w  heels,  drawn  by  any  animals,  war 
called  TR AHA,  V. -ea  V.  -ga,  a  sledge;  used  in  rustic 
work  in  beating  out  the  corn,  see  p.  592.  (called  by  Varro, 
Poenicum  plostellum,  R.  R.  1-  52.  because  used  for  that 
purpose  by  the  Carthaginians),  and  among  northern  nations 
in  travelling  on  the  ice  and  snow. 

Carriages  with  one  wheel  were  called  Una  rota,  Hygin. 
ii.  14  A  vehicle  of  this  kind  drawn  by  the  hands  of  slaves, 
Chiramaxium,  Petron.  28.  or  Arcuma,  Festiis.  A  ve- 
hicle with  two  wheels,  Birotum  ;  with  four,  quatrirodi- 
um,  TCT^ciKVKXii  i!T-ijv>j,  V.  -rsTfttT^o.jt^oi^  quatuor  rotarum  currus-, 
Homer  II  "  324. 

Two  horses  yoked  to  a  carriage  were  called  BIG^T^,  bi- 
jugiy  V.  bijuges,  three,  trig's;  and  four  quadrig^ey  quadriju- 
Sh  V.  -ges  ;  frequently  put  for  the  chariot  itself,  bijuge 
curriculum^  Suet.  Cal.  19.  quadrijugus  currus^  Virg. 
G.  iii.  18.  but  Curriculum  is  oftener  put  for  cursus,  the 
race,  Cic,  Rabir.  10-  Mircell.  2-  Horat.  od-  i.  1.  3. 
We  also  read  of  a  chariot  drawn  by  six  horses,  joined  to- 
gether a-breast,  {ab  Augusto  sejuges,  sicut  et  elephantiy  Plin, 
xxxiv.  5«  s.  10.)  for  so  the  Romans  always  yoked  their 
horses  in  their  race  chariots.  Nero  once  drove  a  chariot  at 
the  Olympic  games,  drawn  by  ten  horses,  {aurigavit 
decemjugemy  sc.  currumj ^  Suet.  N.  24.  See  also  Aug. 
94. 

Those  who  drove  chariots  in  the  circus  at  Rome,  with 
whatever  number  of  horses,  were  called  QUADRIGA- 
RII,  Suet"  Ner.  16.  from  the  quadriga"  being  most  frequent- 
lyused;  hence  Factiones  qvABRiGARioRuM,  Festus. 

Those  who  rode  two  horses  joined  together,  leaping 
quickly  from  the  one  to  the  other,  were  called  DESUL.^ 
TORES  ;  hence  desultor  v.  desertor  amoris,  inconstant, 
Ovid.  Am.  i.  3.  15.  and  the  horses  themselves,  Desulto- 
Rii,  Liv.  xliv.  9.  Suet.  Cas.  39=  sometimes  successfully 
used  in  war,  Liv  xxiii-  29. 


604  ROMAN  ANTIQUITIES. 

The  vehicles  used  in  races  were  called  CURRUS,  or 
curricula^  chariots,  a  currendo^  from  their  velocity,  having 
only  two  wheels,  by  whatever  number  of  horses  they  were 
drawn  :  so  those  used  in  war  by  different  nations  ;  of  which 
some  were  armed  with  scythes,  {currusfalcati^falcata  qua- 
drig<e,)  in  different  forms,  Liv-  xxxvii.  41.  &  42-  Curt.  iv. 
9.  Also  those  used  by  the  Roman  magistrates,  the  con- 
suls, praetors,  censors,  and  chief  -^Ediles ,  whence  they  were 
called  Magistratus  curules,  GelL  iii.  18.  and  the  seat 
on  which  hesji  magistrates  sat  in  the  senate-house,  the  roi- 
tra,  or  tribunal  of  justice,  SELLA  CURULIS,  because 
they  carried  it  with  them  in  their  chariots.  Id.  ^  Isidor-  xx« 
li- 
lt was  a  stool  or  seat  without  a  back,  ianaclinterium^  v. 
iabulatuma  tergo  surgens  in  quod  reclinari  posset),  with  four 
crooked  feet  fixed  to  the  extremities  of  cross  pieces  of 
"wood 'Oined  by  a  common  axis,  somewhat  in  the  form  of 
the  letter  X,  ^decussatim),  and  covered  with  leather  ;  so  that 
it  might  be  occasionally  folded  together  for  the  convenience 
of  carriage,  and  set  down  wherever  the  magistrate  chose  to 
use  it,  Plutarch,  in  Mar.  Suet-  Aug.  43.  GelL  vi  9.  adorned 
with  ivory  ;  hence  Called  Curule  ebur,  Horat.  ep.  i.  6» 
B^.  and  alta,  Sil.  viii.  488.  because  frequently  placed  on 
a  tribunal,  or  because  it  was  the  emblem  of  dignity  :  Re- 
Gi  A,  because  first  used  by  the  kings,  Liv.  i.  20.  Virg-  .Mn. 
r^i-  334.  borrowed  from  the  Tuscans,  Liv.  i.  8.  Flor-  i.  5- 
in  latter  times  adorned  with  engravings  ;  conspicuum  signis, 
Ovid.  Pont- iv.  5.  18. 

A  carriage  in  which  matrons  were  carried  to  games  and  sa- 
cred rites,  was  called  Pilentum,  an  easy  soft  vehicle, 
ipeJisile)y  Serv.  in  Virg.  JEn.  viii.  666.  with  four  wheels  ; 
usually  painted  with  various  colours,  ZF?V/or.  XX-  12.  The 
car»'iage  which  matrons  used  in  common  {/esto  projestoque) 
was  called  Carpentum,  LiV'  v,  25.  named  from  Carmen- 
ta,  the  mother  ofEvander,  Ovid.  Fast.  i.  620.  commonly 
with  two  wheels,  and  an  arched  covering  :  as  the  flamines 
us2dy  ^curr us  arc uat us)  Liv.  i-  21.  48.  Suet-  Tib.  2.  CI.  11. 
sometimes  without  a  covering,  Liv.  i.  34.  Women  were  pro- 
hibited the  use  of  it  in  the  second  Punic  war  by  the  Oppian 
law,  Xiy.  xxxiv.  1.  which  however  was  soon  after  repealed, 
lb,  8, put  for  any  carnage,  Flor.  i.  18.  iii'  2- 10. 


Carriages.  605 

A  splendid  carriage,  with  four  wheels,  and  four  horses, 
adorned  with  ivory  and  silver,  in  whieh  the  images  of  the 
gods  were  led  in  solemn  procession  from  their  shrines,  («? 
sacrariis)  at  the  Circensian  games,  to  a  place  in  the  Circus^ 
called  PuLviNAR,  Suet.  Aug.  45.  where  couches  were  pre- 
pared for  placing  them  on,  was  called  THENSA,  Festiis  ;■ 
from  the  thongs  stretched  before  it,  Uora  tensa\  A&c,  in  Cic. 
Verr.  i.  59-  attended  by  persons  of  the  first  rank,  in  their 
most  magnificent  apparel,  Lw.  v.  41.  who  were  said  Then^ 
sam  DucERE,  vel  deducere,  Id-  ^  Suet-  Aug.  43.  I esp. 
5.  who  delighted  to  touch  the  tiioiigs  by  which  the  chariot 
was  drawn,  \funem  que  ?nanu  contingere  gaudenf\  Ascon. 
ib.  Virg.  JEn.  ii  239-  And  if  a  boy  ifmer  patrimus  et  ma' 
trimus)  happened  to  let  go  (omittere)  the  thong  which  he 
held,  it  behoved  the  procession  to  be  renewed,  Cic,  Resp- 
H.  10.  &11. 

Under  the  emperors,  the  decreeing  of  a  Thensa  to  any  one, 
was  an  acknowledgment  of  his  divinity,  Suet  Ctes-  76, 

A  carriage  with  two  wheels,  for  travelling  expeditiously 
was  called  CISIUM,  q.  citium,  Cic.  Phil.  ii.  31.  S.  Rose.  7- 
Senec.  ep.  72.  the  driver,  Cisiarius,  Z7/p?c«  /  drawn  usu- 
ally by  three  mules,  Auson.  ep.  viii.  7-  its  body  {capsum  \. 
-o)  of  basket-work,  (Ploximum,  v.  emim\  Festus.  A  lar- 
ger carriage  for  travelling,  with  four  wheels,  was  called 
RHEDA,  a  Gallic  word,  QuivcfiL  i.  9-  Cic.  Mil.  10.  Att. 
V.  17.  vi.  1- or  Carruca,  Suet.  Ner.  30.  the  driver, 
Rhedarius,  or  Carrucarius,  Ib.  an  hired  one,  Meri- 
tor i  a,  Suet.  Ctes.  57.  both  also  used  in  tlie  city.  Martial- 
in-  47. sometimes  adorned  with  silver,  /'/m.  xxxiii.  II.  Ai\ 
open  carriage  with  four  wheels  for  nprsnns  of  inferior  rank,  as 
some  think,  was  called  PETORRITUM,  Cell.  xv.  30- 
Horat.  sat'  i.  6.  104.  also  a  Gallic  word,  Festus. 

A  kind  of  swift  carri9c:e  used  in  war  bv  the  Gauls  and  Bri- 
tons, was  called  ESSEDUM,  C^s.  B.  G  iv.  2>:^.  Firg-  G- 
iii.  204.  the  driver,  or  rather  one  who  fought  from  it,  Es- 
sedarius,  Cic.  Fam.  vii.  6.  C<es\-  19.  adopted  at  Rome 
for  common  use,  Cic.  Phil.  ii.  58.  Suet.  Cal.  26-  Galb.  vi. 
18. 

A  carriage  armed  with  scythes,  used  by  the  same  people, 
COVINUS,  Sil.  xvii.  418.  the  driver,  Covinarius,  Ta. 


606  ROMAN  ANTIQUITIES. 

cit.  Agr-  XXXV.  36.  similar  to  it,  was  probably  Ben n a. 

In  the  war-chariots  of  the  ancients,  there  were  usually  but 
two  persons,  one  who  fought,  ^bellator)^  and  another  who 
directed  the  horses,  iauriga^  the  charioteer),  Ftrg.  ^n.  ix. 
330.  xii.  469.  624-  737- 

An  open  carriage  for  heavy  burdens  Cvehicuium  onerari- 
nm)  was  called  PL  AUSTRUM,  or  ©e/ta,  «jtt«|a) ,  a  waggon 
©r  wain ;  generally  with  two  wheels,  sometimes  four ;  drawn 
commonly  by  two  oxen  or  more,  Virg-  G  iii.  536.  some- 
times by  asses  or  mules-  A  waggon  or  cart,  with  a  coverlet 
■wrought  of  rushes,  laid  on  it,  for  carrying  dung  or  the  like, 
was  called  SCIRPEA,  Farr.  L.  L.  iv-  3.  properly  the 
coverlet  itself,  sc-  crates  ;  In  plaustro scirpea lata  fuit^  Ovid. 
Fast.  vi.  780*  A  covered  cart  or  waggon  laid  with  cloths 
for  carrying  the  old  or  infirm  of  meaner  rank,  was  called 
ARCERA,  quasi  area,  Gell-  xx.  1. 

The  load  or  weight  which  a  wain  could  cany  at  once, 
tma  vectura)  was  called  VEHES,  -w.  Col  xi.  2. 

A  waggon  with  four  wheels  was  also  called  CARRUS  v. 
»Mm,  by  a  Gallic  name,  Cas.  B.  G.  i.  6.  26.  Liv.  x.  28.  or 
Sarracum,  Juv.  iii.  255.  or  Epiriiedium,  Id-  viii.  6^5* 
Qwnctil.  i.  5.  and  by  later  writers,  Angaria,  vcIClabu- 
LARE  ;  also  Carragium,  and  a  fortification  formed  by  a 
number  of  carriages,  Carrago,  Am.  Marcellin.  xxxi.  20. 

SARRACA  Boo£t^  v--tisjOr  plaustra,  is putfor  two con= 
stellations,  near  the  north  pole,  Juvenal,  v-  23.  Ovid-  Met. 
ii.  117.  called  the  two  bears,  {Arcti  gemin£,  vel  du(S  ify-r^i,) 
Ursa  major,  named  Helice,)  Parrhasis,  i.  e.  Arcadica), 
Lucan.  ii-  237-  Cic.  Acad.  iv.  20.  Parrhasis^e  Arctos, 
Ovid.  Trist.  \-  3.  48.  from  Callisto,  the  daughter  of  Lycaon, 
king  of  Arcadia,  who  is  said  to  have  been  converted  into  this 
constellation  by  Jupiter,  Ovid.  Met.  ii.  506-  and  Ursa  mi- 
nor, called  Cynosur  a,  i.  G.'ivvoi;  ^§ct,cams  Cauda,  Cic.  N.  D. 
ii.  41.  Ovid'  Fast.  iii.  106.  properly  called  Arctos,  dis- 
tinguished from  the  greater  bear,  ^Helice),  Ovid,  ep- 
xviii.  m. 

The  greater  bear  alone  was  properly  called  Plaustrum, 
Hygin-  poet.  Astron.  i.  2.  from  its  resemblance  to  a  wag- 
gon, Ovid,  Pont.  iv.   10»  39.  whence  we  call  it  Charleses 


Carriage:].  607 

wairif  or  the  plough  ;  and  the  stars  which  compose  it,TRr- 
ONES,  Martial'  vi-  58-  q*  Teriones,  ploughing  oxen, 
Farr-  L.  L.  vi.  4.  Gell-  i\'  21-  seven  in  number,  SEP- 
TEMTRIONES,  Cic  ib.  42.  ^wtplaustra  in  the  plur.  is 
applied  to  both  bears ;  hence  called  Gemini  Triones, 
Virg.  .'En.  1.  744.  also  woccidui,  v.  nunquam  occidentes,  be- 
cause they  never  set,  Cic.  ib.  Oceani  metuentes  ctquore  tingi^ 
Virg.  G.  i.  246-  for  a  reason  mentioned,  Ovid.  Fast.  ii.  191> 
and  tardi  vel  pigri^  because  from  their  vicinity  to  the  pole, 
they  appear  to  move  slow,  Ntque  sc  quoquarn  in  ccelo 
rommovent,  Plaut.  Amph.  i.  1.  117- 

The  Ursa  Major  is  attended  by  the  constellation 
BOOTES  q.  bubiilcus,  the  ox-driver,  Cic.  JV.  D.  ii.  42. 
said  to  be  retarded  by  the  slowness  of  his  wains,  Ovid.  Met. 
;i.  177'  named  also  Arctophylax,  q.  nrs<^  cw5?05, Manil.  i, 
316.  Custos  Erymantkidos  Urscs^  Ovid^  Trist.  i.  iii.  103- 
into  which  constellation  Areas,  the  son  of  Callisto  by  Jupi- 
ter, was  changed,  and  thus  joined  with  his  mother,  Ovid. 
Met'  ii.  506-  viii.  206.  A  star  in  it  of  the  first  magnitude 
was  called  ARCTURUS,  (\.ce.^yiTov  ov^x,urs(Scauda;  Stella 
POST  CAUDAM  urs^majoris,  Serv.  in  F2rg.  jEn.'i.  74^4, 
iii.  516.  G.  i.  204.  said  to  be  the  same  with  Bootes,  Id.  G. 
i.  67.  as  its  name  properly  implies,  u^^th  iv^og,  ursa  ciistos" 
Around  the  pole,  moved  the  dragon,  {draco  v.  unguis  ;  gc-^ 
minas  qui  separat  Arctos,  Ovid  Met.  ii.  45-)  approaching 
the  ursa  major  with  its  tail,  and  surrounding  the  ursa  minor 
with  its  body,  Firg-  G-  i.  244. 

The  principal  parts  of  a  carriage  were,  1.  The  wheels, 
(ROT/E),  the  body  of  the  carriage,  (CAPSUM,  us,  v.  -a, 
Ploxemum,  v.  -z^5,  Festus),  and  draught-tree,  TEMO  ; 
to  which  the  animals  \vhich  drew  it  were  yoked. 

The  wheels  consisted  of  the  axle-tree,  (AXIS J,  a  round 
beam,  {lignum,  v.  stipes  teres),  on  which  the  wheel  turns  ; 
the  nave,  {modiolus),  in  which  the  axle  moves,  and  the 
spokes  {radii)  are  fixed  ;  the  circumference  of  the  wheel, 
{peripheria,  v.  rota  summce  curvatura,  Ovixl.  Met.  ii.  lOSj^ 
composed  of  fellies,  {apsides,  in  which  the  spokes  are  fas- 
tened, commonly  surrounded  with  an  iron  or  brass  ring, 
'.oanthus),  Quinctil.  i.  5.  8.  Pers-  v.  71.  Virg.JEn.  v-  274- 

A  wheel  without  spokes,  Knon  radfata,)  w?s  called  TYM- 


608  tlOMAN  ANTIQUITIES, 

PANUM,  from  its  resemblance  to  the  end  of  a  drum.  It 
was  made  of  solid  boards,  {.tabiiU)^  fixed  to  a  square  piece 
of  wood,  as  an  axis^  without  a  nave,  and  strengthened  by 
cross-bars,  (transversis  asseribus\  with  an  iron  ring  around, 
{ferreus  canthiu) ;  so  that  the  whole  turned  together  on  the 
extremities  of  the  axis,  called  Carbines,  Probus  in  Virg' 
G  I-  163.  Such  wheels  were  chiefly  used  in  rustic  wains, 
Ibid,  ts?  G.  ii.  444-  as  they  still  are  in  Great  Britain,  and 
called  TUMBLERS.  Tympanum  is  also  put  for  a  large 
wheel,  moved  by  horses  or  men,  for  raising  weights  from  a 
ship,  or  tb.e  like,  by  means  of  pullies,  {trochle«),  ropes,  and 
hooks,  a  kind  of  a  crane,  {toUeno,  grus,  v-v/^avas),  Liicret.  iv. 
903.  or  for  drawing  water,  (machina  haustoria^^  Vitruv.  x« 

9.  Ciirva  ANTLiA,  Mart.  ix.  19.  Ancla  v.  Antha,  Suet- 
Tib'  51-  {c^vTX-^^»^Johi  vi,  11.)  Haustum,  v.  rota  aquaria^ 
sometimes  turned  by  the  force  of  water,  Lucret,  v.  317. 
The  water  was  raised  through  a  siphon,  isipho  v.  ow,  fistula^ 
V.  canalis,  by  the  force  of  a  sucker,  {embolus  v.  -um)^  as  in 
a  pump,  or  by  means  of  buckets,  {modioli  v.  hams),  Juvenal* 
:xiv.  305.  Water-engines  were  als6  used  to  extinguish 
fires,  Plin-  ep-  x.  42. 

From  the  supposed  diurnal  rotation  of  the  heavenly  bo- 
dies,  AXIS  is  put  for  the  line  around  which  they  were 
thought  to  turn,  Cic-deUmv.  10.  Vitruv.  ix.  2.  and  the  ends 
of  the  axis-,  Carbines,  vertices,  vel  poli,  for  the  north 
and  south  poles,  Cic-  A''-  D-  ii.  41.  Virg-  G.  i.  242.  Plin.  lu 
15.  Axis  and  Polus  are  sometimes  put  for  ccelum  or  kthen 
thus,  sub  (Athens  axe,  i.  e-  sub  dio  vel  aere,  Virg.  JE^n.  i'u 
512.  viii.  28.  lucidus polus,  iii.  585.  Cardines  mundi  quatuor, 
the  four  cardinal  points;  Septentrio,  the  north  ;  Me^ 
RiciEs,  the  south;  Oriens,  sc.  sol^  \t\  ortus  solis,  the 
east  ;  OcciDENs,  v.  occasus  soils,  the  west ;  Quincfil.  xii. 

10.  67.  cardo  Sous,  the  east,  Stat.  Theb-  i-  157.  occiduus,  v. 
Hesperius,  the  west,  Lucan.  iv-  672-  v.  71.  In  the  north 
Jupiter  was  supposed  to  reside  ;  hence  it  is  called  Domici- 
iiUM  Jo  VIS,  Serv.  in  Virg.  jSn.  ii.  693-  Sedes  deorum» 
J^estus  in  Sinistr/e  aves  ;  and  as  some  think,  porta 
coELi,  Virg.  G.  iii.  261.  thus,  Tempestas  a  vertice,  for  a 
septentrione,  lb-  ii.  310- 

The  animals  usually  yoked  in  carriages,  were  horses,  oxen, 


Carriages.  609 

asses,  and  mules,  sometimes  camels.  Suet.  Ner*  11.  Pl'tn. 
viii.  18.  elephants.  Curt.  vili.  9.  Plin.  viii.  2.  Suet.  CI.  11. 
Senec.  de  Ir-  ii.  31.  and  even  lions,  Fhri'  viii.  16.  tigers,  leo- 
pards, and  bears.  Martial-  i.  105.  dogs,  Lumprid-  Heliog. 
28.  goats  and  deer,  Afart.  i-  52.  also  men,  Piin.  xxxiii.  3. 
Lucan.  X.  276.  and  women,  Lamprid.  ih.  29. 

Animals  were  joined  to  a  carriage,  (vehiculov.  advehicji- 
lumjuni^ebantur,  Virg.  yEn.  vii-  724.  Cic.  Att.  vi.  !•  Suet* 
Cass-  31.)  by  what  was  called  JUGUM,  a  yoke;  usually 
made  of  wood,  but  sometimes  also  of  metal,  Ilorat.  od-  iii* 
9.  18.  Jerem.  xxviii.  13.  placed  upon  the  reck,  one  yoke 
commonly  upon  two  ;  of  a  crooked  form,  Ovid-  Fast'  iv\ 
216.  with  a  btnd  r<mTJff^w?«>^  for  the  neck  of  each :  Hence 
sub  jUGO,  cngere,  v.  jungere  ;  colla  v.  cervices  ju go  subji-' 
cere.,  subdere.,  sub  mitt  ere.,  v.  supponere,  i^"  eripere  :  Jugum 
subire,  cerviceferre.,detr€ctare,exu€re.,  a  cervicibusdejicere, 
excutere^  ^c. 

The  yoke  was  tied  to  the  necks  of  the  animals,  and  to  the 
pole  or  team  with  leathern  thongs,  {iora  Subjugia),  Cato 
63-  Fitruv.  x-  8. 

When  one  pair  of  horses  was  not  sufficient  to  draw  a  car- 
riage, another  pair  was  added  in  a  straight  line,  before,  and 
yoked  in  die  same  manner.  If  only  a  third  horse  was  added, 
he  was  bound  with  nothing  but  ropes,  without  any  yoke* 

When  more  horses  than  two  werejomed  a-breast,  {tequa-^ 
tafronte).,  a  custom  which  is  said  to  have  been  introduced 
by  one  Clisthenes  of  Sicyon,  two  horses  only  were  yoked  to 
the  carriage,  called  Jug  ales,  jugarii^v.  jugesy  i^vyia^^ 
Festus.,  and  the  others  were  bound  iappensi  vel  adjuncti^  on 
each  side  with  ropes  ;  heficc  called  FUNALES  EQUI, 
Suet.  Tib.  6.  Stat.  Theb.  vi.  461.  i<^u^x(pi^oi,  rei^xiot,  y.  -kx, 
efl^foOi  lyionys.  vii.  73.  Isidor.  xvii.  :^5.  Zonar.  Ann.  ii-  or 
FuNES,  Auson.  epitaph  xxxv.  10- in  a  chariot  of  four,  (m 
quadrigisJ,  the  horse  on  the  right,  dexter,  v.  primus  ;  on 
the  left,  SINISTER,  Uvus  v.  secundus.  Id.  This  method  of 
yoking  horses  was  chiefly  used  in  the  Circensian  games,  or 
in  a  triumph. 

The  mstrumentshy  whichanimals  were  driven  or  excited, 
were, — 1.  The  lash  or  whip,  Flagrum,  \-  FLAGELLUM, 
C«»5^-'l),  made  of  leathern-thongs,  (SrxrxicA,  ions  horridis^ 

4  K 


6i0  ROMAN  ANTIQUITIES. 

'^x.vTAXn^  Martial,  x.  62).  or  twisted  cords,  tied  to  the  end  of 
a  stick,  sometimes  sharpened  iaculeati)  with  small  bits  of 
iron  or  lead  at  the  end,  (Horribile  flagellum,  Horat, 
sat' I.  3.  117.)  and  divided  into  several  lashes,  (?^m^  w 
hra),  called  SCORPIONS,  1  Xings  xii.  11. 

— 2.  A  rod,  (VIRGA,  Juvenal'  iii.  317.  Lucan.  iv.  683)^ 
or  goad  (STIMULUS,  i.  e-  pertica  citin  cuspide  acuta)  a 
pole,  or  long  stick,  with  a  sharp  point ;  hence  stimulos  alicui 
adhibere,  admovere^  addere^  adjicere ;  stimulisfodere^  inci- 
tare,  &.c.  Adversus  stimulum  calces.,  sc.  jactare^  to  kick 
iigainst  the  goad,  7^(?r.  PAorw2.  i.  2.  28. 'r?*?  xevr^*  A*xT/^f<i>^ 
m  stimulos  calcitrare^  Acts  ix.  5. 

- — And  3.  A  spur,  (C  ALC AR,)  quod  calci  equitis  allige- 
tur }f errata  calcecunctantemimpellebatequum^  Sil*  vii.  696- j 
used  only  -by  riders  :  hence  equo  calcaria  addere,  suhdere. 
^C'  Alter fren'is  egei,  alter  calcarihus-,  said  by  Isocrates  of 
Ephorus  and  Theopompus,  Cic,  Att.  vi.  1.  Orat.  iii.  9. 

The  instruments  used  for  restraining  and  managing  horses, 
were,— 1.  The  bit  or  bridle,  (FR.f:NUM,  pi.  -f,  v.  -a), 
said  to  have  been  invented  by  the  Lapithe,  a  people  of 
Thessaly,  Virg.  G.  iii.  115-  or  by  one  Pelethronius,  Plin- 
vii.  56'  the  part  which  went  round  the  ears  was  called  Au- 
HEA  ;  that  which  was  put  in  the  mouth,  properly  the  iron 
or  bit.  Ore  A,  Festus ;  sometimes  made  unequal.and  rough, 
like  a  wolf's  teeth,  particularly  when  the  horse  was  head- 
strong, (tenax),  Liv.  xxxix.  5-  Ovid.  Am.  iii-  4*  13-  {du- 
rior  oris  equus),  lb-  ii.  9.  30-  hence/rena  Lupata,  Horat^ 
od.  i.  8.  6.  Virg.  G.  iii.  208.  Ovid-  Am-  i-  2.  15.  or  Lupi, 
Id*  Trist.  iv.  6«  4.  Stat.  Achili.  i.  281.  Frena  injicere,  con- 
cutere,  eccipere,  mandere,  detra/fere,  laxare,  ^c.  Fr^enunz 
mordere,  to  be  impatient  under  restraint  or  subjection,  Cic, 
Fam.  xi.  23>.  but  in  Martial,  i-  105-  ^  Stat.  Sylv-  i.  2.  28. 
to  bear  tamely. 

The  bit  was  sometimes  made  of  gold,  as  the  collars,  (wc?- 
nijid),  which  hung  from  the  horses'  neck  ;  and  the  cover- 
ings for  their  backs  {strata}  were  adorned  with  gold  and 
puri^le,  Firg.  jEh-  vii.  279. 

— 2-  The  reigns,  (HABEN.E,  vel  Lora)  ;  hence  habe- 
nas  corripere,  Jiectere,  v.  moliri^  to  manage  ;  dare,  immit-' 
tere,  effuiidere,  la^are.permittere,  to  let  out ;  adducc.re,  to* 
draw  in,  and  supprimere,  Ovid'  Am.  i.  13.  lO- 


i 


Carriages.  611 

To  certain  animals,  a  head-stall  or  muzzle,  (Capis- 
irum),  was  applied,  Hrg.  G.  iii.  188.  sometimes  with  iron 
spikes  fixed  to  it,  as  to  calves  or  the  like,  when  weaned,  76. 
399.  or  with  a  covering  for  the  mouth,  (fiscelUiJ  ;  hence 
(fiscellis  capistrare  boves^  to  muzzle,  Plin,  xviii.  19.  ^^z/u-Cv, 
Deut.  XXV.  iv.  'o^  ccnisuere^  Senec.  cp.  47.  But  Capistrtmi 
is  also  put  for  any  rope  or  cord  ;  hence  vit€i7i  capistro  con- 
stringerc^  to  bind,  Columel.  iv.  20.  Jumenta  capistrare y  to  tie 
wfth  a  haher,  or  fasten  to  the  stall.  Id.  \'v  19. 

The  person  who  directed  a  chariot  and  the  liorses,  was 
called  AURIGA  (»jko;k««,  qui  lora  tenebat)  ;  or  agitator^ 
(JxoLrii<;^)  the  charioteer  or  driver,  Ovid-  Met.  ii-  327-  Cic. 
Att.  xiii.  21.  Acad,  iv.  29.  also  Moderator,  Ijucan.  viii. 
199.  But  these  names  are  applied  chiefly  to  those  who  con  • 
tended  in  the  Circus,  Suet-  Cal  54.  A'er-  xxii.  24-  Plin.  ep.. 
ix-  6.  or  directed  chariots  in  war,  Virg.  and  ahvaj'-s  stood 
upright  in  their  chariots,  {insistebant  curribus),  Plin.  ep.  i\- 
6.  Hence  auric  are  {or  cu?'rimi  regere  ;  and  Auric  art- 
us,  a  person  who  kept  chariots  for  running  in  the  circus. 
Suet-  lb. 

Auriga  is  the  name  of  a  constellation,  in  which  are  two 
stars,  called  H/Edi,  the  kids  ;  above  the  horns  of  Taurus^ 
Serv.  in  Virg.  iEn-  ix.  668'  On  the  head  of  Taurus  are 
the  {Hyadesy  {ab  •'f'*,  pluere)^  or  SucnU^  ("a  suibus),  Cic-  No 
D.ii.  43.  Plin.  ii.  39.  Gell.  xiii.  9.  called  Pluvi<e,  by  Virgil, 
Mn.  iii.  516.  and  Tristesy  by  Horace;  because  at  their  ris- 
ing and  setting,  they  were  supposed  to  produce  rains,  Od.  i.  3, 
14.  on  the  neck,  or,  as  Servius  says,  G.  i.  137.  ante  genua 
tauriy  Plin.  ii.  41.  in  cauda  tauri  septem  ;  PLEIADES,  or 
Ve  R  c  I L  liE,  the  seven  stars ;  sing.  Pleias  vel  Pl  i a  s,  Ovid- 
ep.  xviii*  188. 

Agitator  is  also  put  for  agaso,  (qui  jumenta  agebat) 
a  person  who  drove  any  beasts  on  foot,  Virg.  G.  i.  273. 
But  drivers  were  commonly  denominated  from  the  name  of 
the  carriage;  xh\is,rkedarius,plaustrariusy  &c.  or  of  the  ani- 
mals which  drew  it ;  thus  MuLio,  Suet.  JK''er.  30.  Senec. 
ep.  87.  Martial,  ix.  58-  xii.  24.  commonly  put  for  a  mule- 
teer, who  drove  mules  of  burden,  {muii  clitellarii),  Martiai. 
X.  2.  &  76.  as  equisOy  for  a  person  who  broke  or  trained 
horses,  {equorum  domitory  qui  tolutim  incedere.  v.  badizar^ 


612  ROMAN  ANTIQUITIES. 

docebat^  to  go  with  an  ambling  pace),  under  the  Magmtet 
Mquorum.,  the  chief  manager  of  horses,  Farro.  The  horses 
of  Alexander  and  Cicsar  would  admit  no  riders  but  them- 
selves,  Curt,  iv.  5.  Piin.  viii.  42-  Dio-  xxxvii.  54. 

The  driver  commonlj^  sat  behind  the  pole,  with  the  whip 
in  his  right  hand,  and  the  reins  in  the  left*;  hence  he  was 
said  sedtre  prima  sella,  Phcedr.  iii-  6  sedere  ternotie^  v*  pri- 
mo  temone,  i.  e.  in  sella  proximo  temoni,  Stat.  Sylv.  i.  2. 
144.  Propert-  iv.  8.  and  tenwiie  ladi^V'  excuti,  to  be  thrown 
from  his  seat,  Ftrg.  jEn.  xii-  470.  sometimes  drest  in  red, 
(ca?iusinatiis,  i.  e.  veste  Canusii  confecla  indutus)^  Suet* 
Ner.  30.  or  scarlet,  (cocco)^  Martial  x.*  76.  sometimes  he 
walked  on  foot,  Liv-  i.  48.  Dionys'  iv.  59.  Stnec  ep.  87. 

When  he  made  the  carriage  go  slower,  he  was  said,  currum 
equosque  siistmere^  Cic.  Att.  xiii.  21.  when  he  drew  it  back 
or  aside,  retorquere  et  avertere^  Virg.  iEn.  xii.  485. 

Those  who  rode  in  a  carriage,  or  on  horseback,  were  said 
vehi^  or  portari,  evehi  ;  or  invthi  ;  those  carried  in  a  hired 
vehicle,  {vehiculo  meritorio),  Vectores;  so  passengers 
in  a  ship  ;  Cic.  Nat.  D.  iii.  37.  3^  Juvenal,  xii.  63.  But 
vector  is  also  put  for  one  who  carries,  Ovid.  Fast.  i.  433. 
Fulminis  vector.,  i.  e.  aquila.,  Stat.  Theb.  9,  855.  ^i^vehens 
for  one  who  is  carried,  Cic-  Clar.  or.  97.  Justin  xi.  7.  GelL 
V.  6.  so  mvehens.,  Cic.  N.  D^  i.  28. 

When  a  person  mounted  a  chariot,  he  was  said  Currum  con. 
scendere,  ad,—-\-  inscendere.,  et  f/wz/er<?, which  is  usually  appli- 
ed to  mounting  on  horseback,  saltu  in  currum  cmicare., 
Virg.  xii.  327-  when  helped  up,  or  taken  up  by  any  one, 
curru  V-  in  currum  tolli.  The  time  for  mounting  in  hired 
carriages  was  intimated  by  the  driver's  cracking  his  whip, 
Juvenal  iii.  317-  to  dismount,  descender e  v.  desilire- 

The  Romans  painted  their  carriages  with  different  co- 
lours, Serv.  in  Virg.  A-  viii-  666-  and  decorated  them  with 
various  ornaments,  with  gold  and  silver,  and  even  with  pre- 
cious stones,  P/w  xxxiii- 3- ./wi><?na/.  vii  125  as  the  Per- 
sians, Curt-  iii.  3-  x-  1-  Hence  Ovid'  Met-  ii.l07' 

Of  THE  CITY. 

Tl  OME  wasbuilt  on  seven  hills,  (colles,  monies^  arces,  vel 
i«<?«>  nempc,  Falatinus,  Quirinalis,  Avendnusi  C^liuSf 


Or  THE  CiTv.  G13 

Fimiftalis,  Bxqui/imis,  ct  Janiciilaris)  ;  hence  called  Mrbs 
SEPTICOLLIS;  or  Septemgemin a,  Stat-  Si/v-  i.  2- 
191-  iv-  1.  6-  by  the  Greeks,  fTrraAoc^a?,  Serv-  in  ALn-  vi.  784- 
G  ii.  535-  and  a  festival  was  cekbraiedin  December  called 
Septimontium, /V^f/zj,  Smt-  Dom  4- to  commemorate 
the  addition  (jf  the  7th  hill,  Plutarch,  q.  Rom.  68. 

The  Jamciilum  seems  to  be  improperly  ranked  by  Servius 
among  the  seven  hills  of  Rome  ;  because,  though  built  on, 
and  fortified  by  Ancus,  Liv-  i-  33-  it  docs  not  appear  to  have 
been  included  within  the  city.  Id.  ii.  10.  51-  Dio.  37.  GelL 
XV.  27.  although  the  contrary  is  asserted  by  several  authors, 
JEutrop'  i.  5-  The  Colhs  Capitolifius,  vel  Tarpeiusj  which 
Servius  omits,  ought  to  have  been  put  instead  of  it 

The  Jamculum,  Collis  Hortulorum^  and  Vaticaniis  were  af- 
terwards added. 

1.  Mons  PALATINUS,  vel  PAJ.ATIUM,  the  Pala- 
tine  mount,  on  which  alone  Romulus  built,  Liv.  \.  5.  Here 
Augustus  had  his  house,  and  the  succeeding  emperors  ;  as 
Romulus  had  before  :  Hence  the  emperor's  house  was  called 
PALATIUM,  a  palace,  Suft.  72.  Dio-  liii-  16.  Domus 
Palatin A,  Suet.  CI-  17.  Fesp-  25  D-  15.  and  in  later 
times,  those  who  attended  the  Emperor,  were  called  Pa- 
latini. 

2.  CAPITOLINUS  ;  so  called  from  the  Capitol  built 
on  it,  formerly  named  Saturnius,  from  Saturn's  having 
dwelt  there,  Justin,  xliii.  1.  Firg.  ibid  and  TARPEIUS. 
from  Tarpeia,  who  betrayed  the  citadel  to  the  Sabines,  Liv. 
i.  11.  Dionr/s.  ii-  38.  to  whom  that  mount  was  assigned  to 
dwell  in,  Liv-  i.  33. 

3.  AVENTINUS,  the  most  extensive  of  all  the  hills, 
Dionys-  iv.  26.  named  from  an  Alban  king  of  that  name, 
who  was  buried  on  it,  Liv-  i.  3.  the  place  which  Remus 
chose  to  take  the  omens,  Tb.  6.  therefore  said  not  to  have 
been  included  withm  the  Pomerium,  QtfA\.  xiii.  14-  Senec- 
de  brev.  vitre,  14.  till  the  time  of  Claudius,  Ibid.  But  others 
say,  it  was  joined  to  the  city  by  Ancus,  Liv-  i.  33-  Dionys- 
m.  43.  called  also  Collis  IMurcius,  from  Murcia,  the  god- 
dess of  sleep,  who  had  a  chapel  isacellum)  on  it,  Festus : 
Collis  Di  an«,  from  a  temple  of  Diana,  Stat.  S'lv*  ii.  3- 
32.  and  Remonius,  from  Remus,  who  wished  the  city  to 
be  founded  there. 


614  ROMAN  AN'J'IQUITIES. 

4.  QUIRINALIS,  is  supposed  to  have  been  named 
from  a  templ^e  of  Romulus,  called  also  Quirinus^  which 
stood  on  it,  Horat.  ep.  ii.  268.  Ovid-  Fast'  iv.  375.  or  from 
the  Sabines,  who  came  from  Cures,  and  dwelt  there,  Fes- 
tus  ;  added  to  the  city  by  Servius,  Liv-  i-  44-  called  in  later 
times,  Mons  Cahalli^  or  Caballinus,  from  two  marble 
horses  placed  there. 

5.  CiELIUS,  named  from  C^LES  Fibenna^  a  Tuscan 
leader  who  came  to  ihe  assistance  of  the  Romans  against  the 
Sabines,  with  a  body  of  men,  and  got  this  mount  to  dwell 
on,  Farr.  L.  L-  iv.  8.  added  to  the  city  by  Romulus,  ac- 
cording to  Dionys-  ii-  50-  by  Tullus  Hostilius,  according  to 
Liv.  i.  30-  by  Ancus  Martins,  according  to  Strabo,  v«  p, 
234.  by  Tarquinius  Priscus,  according  to  Tacit.  Ann.  iv. 
65'  anciently  called  QuERq^uExuLANUs,  from  the  oaks 
which  grew  on  it,  Ibid,  in  the  time  of  Tiberius,  ordered  to 
be  called  Augustus,  Tacit- Ann.  iv*  64.  Suet-  Tib.  48. 
afterwards  named  Lateranus,  where  the  Popes  long  re- 
sided, before  they  removed  to  the  Vatican. 

6.  VIMINALIS,  named  from  thickets  of  osiers  which 
grew  there,  iviminetaj^  Varr.  ibid-  Juvenal,  iii.  71-  or  Fa- 
gutalis,  (fromy«^z,  beeches,)  Plm.  xvi.  10.  added  to  the 
city  by  Servius  TuUius,  Liv.  i.  44- 

7.  EXQUILINUS,  Exquilit,  vel  Esquilia^  supposed  to 
be  named  from  thickets  of  oaks,  {(Csculeta^)  which  grew  on 
it,  Farro  L.  L-  iv.  8-  or  from  watches  kept  there  {excu- 
hi<£)^  Ov-  Fast*  iii.  246.  added  to  the  city  by  Servius  TuUius, 
Liv.  i.  44. 

JANICULUM,  named  from  Janus,  who  is  said  to  have 
first  built  on  it,  Firg.  Mn.  viii.  358.  Ovid.  Fast,  i-  246-  the 
most  favourable  place  for  taking  a  view  of  the  city.  Martial 
iv.  64.  vii.  16-  From  its  sparkling  sands,  it  had  the  name 
oi  Mons  Aureus^  and  by  corruption,  Montorius. 

V  ATICANUS,  so  called,  because  tlie  Romans  got  pos- 
session of  it,  by  expelling  the  Tuscans,  according  to  the 
counsel  of  soothsayers,  (vates)^  Festus  ;  or  from  the  pre- 
dictions uttered  there,  Gell.  xvi.  17.  adjoining  to  the  Jani- 
culumy  on  the  north  side  of  the  Tiber,  Horat.  od.  i.  20.  dis- 
liked by  the  ancients,  on  account  of  its  bad  air,  (infamts  aer, 
Frontin)  Tacit  hist.  ii.  93.  noted  for  producing  bad  wine^^ 


Of  the  City.  615 

jfiart.  vi.  92.  xii  48.  14.  now  the  principal  place  in  Rome, 
where  are  the  Pope's  palace,  called  St.  Angeloy  the  Vatican 
library,  one  of  the  finest  in  the  world,  and  St»  Feter^s 
cfiurch. 

COLLIS  HORTULORUM,  so  called,  from  its  being 
originally  covered  with  gardens,  Suet'  Ner-  50.  taken  into 
the  city  by  Anrelian  ;  afterwards  called  Pincius,  from  the 
Plnc'iU  a  noble  family  who  had  their  seat  there. 

The  gates  of  Rome  at  the  de-th  of  Romulus,  were  three, 
or  at  most  four  :  in  the  time  of  Pliny  thirty-seven,  when  the 
circumference  of  the  walls  was  thirteen  miles,  200  paces  ; 
it  was  divided  by  Augustus  into  fourteen  regiones^  wards  or 
quarters,  Piin,  iii.  5.  s.  9. 

The  principal  gates  were, — 1.  Porta  FLAMINIA, 
through  which  the  Flaminian  road  passed ;  called  also  Flu- 
?,r  E  N  T  A  N  A ,  because  it  lay  near  the  Tiber — 2'  COLLINA  ,(c 
coUibus  Quirinaii  et  FimiJiali),  called  also  QUIRINALIS, 
Agonensis  vel  sal  aria,  Festus,  Liv.  v-  41.  Tacit,  Hist. 
iii.  82.  To  this  gate  Hannibal  rode  up,  Liv-  xxvi.  10.  and 
tlirew  a  spear  within  the  city,  Piin,  xxxiv.  6.  s.  15.  Cic. 
fin,  iv.  9.-3.  VIMINALIS.— 4.  ESQUILINA,  ancient. 
ly  Matia,  Labicana,  vel  Lavicana^  without  which  criminals 
were  punished,  Plant.  C^a.  ii.  6.  2.  Horat.  epo&  v.  99-  7a- 
cit-  Ann.  ii.  32. — 5-  N-.EV1A,  so  called  from  one  jYavius, 
who  possessed  the  groimds  near  it,  Varr,  L'  L.  iv.  34  ; — 6o 
C ARMENTALIS,  through  which  the  Fahii  went,  Liv-  ii. 
49.  from  their  fate  called  Scelerata,  Festus. — 7.  Ca- 
tena, through  which  the  road  to  Capua  passed  ; — 8.  Tri- 
umph a  lis,  through  which  those  who  triumphed  entered, 
C7C.  Pis'  23.  Suet'  -^uS-  101-  but  authors  arc  not  agreed 
where  it  stood. 

Between  the  Porta  Fiminalis  and  Esquillna,  without  the 
wall,  is  supposed  to  have  been  the  camp  of  the  PR/ETORL 
AN  cohorts,  or  mllites  Pr/Etoriani,  a  body  of  troops  in- 
stituted by  Augustus  to  guard  his  i)erson,  and  called  by  that 
name,  in  imitation  of  the  select  band  which  attended  a  Ro- 
man general  in  battle,  seep,  412.  composed  of  nine  cohorts. 
Tacit.  Ann.  iv.  5.  Suet.  Aug-  49-  according  to  Dio  Cassius, 
often,  Dio.lw  24.  consisting  each  of  a  thousand  men, 
horse  and  foot, /6iV/.  ^  Snet^  Cal.  45.  chosen  or.ly  from- 


616  ROMAN  ANTIQUITIES? 

Italy,  chiefly  from  Etruria  and  Umbria,  or  ancient  Latiunij 
Tacit.  Ann*  iv.  5-  Hist.  i.  84.  Under  Vitellius,  sixteen 
Praetorian  cohorts  were  raised,  and  four  to  guard  the  city. 
Id.  Hist.  ii.  93.  Of  these  last,  Augustus  instituted  only 
three,  Id^  Ann-  iv.  5. 

Severus  new-modelled  the  Prsetorian  bands,  and  encreas- 
ed  them  to  four  times  the  ancient  number,  Herodian.  iii.  44- 
They  were  composed  of  the  soldiers  draughted  from  all  the 
legions  on  the  frontier,  Dio.  Ixxiv.  2.  They  were  finally 
suppressed  by  Constantine,  and  their  fortified  camp  destroy- 
ed, Aiirel.  Victor.  Zosim.  ii.  p.  89'  panegt/ric.  9. 

Those  only  were  allowed  to  enlarge  the  city,  {ponKcriwn 
'profcrre)^  who  had  extended  the  limits  of  the  empire-  Ta- 
citus, however,  observes,  that  although  several  generals  had 
subdued  many  nations,  j^et  no  one  after  the  kings  assumed 
the  right  of  enlarging  the  pomxrium,  except  Sylla  and  Au- 
gustus, to  the  time  of  Claudius,  Ann.  xii.  23.  But  other 
authors  say,  this  was  done  by  Julius  Csesar,  Cic.  Att.  xiii. 
20.  33.  &  2,5.  Dio'  xliii.  49^  xliv.  49.  Gdl.  xiii.  14.  The 
last  who  did  it  was  Aurelian,  Fopisc.  in  Aurel.  21- 

Concerning  the  number  of  inhabitants  in  ancient  Rome, 
we  can  only  form  conjectures.  Lipsius  computes  them  in 
its  most  flourishing  state  at  four  millions. 

PUBLIC  BUILDINGS  or  the  ROMANS- 

rpEMPLES.  Of  these,  the- chief  were, 
-■-  1.  The  CAPITOL,  so  called,  because,  when  the 
foundations  of  it  were  laid,  a  human  head  is  said  to  have 
been  found,  (caput  Oli  \cl  Toli  cujusdam),  Livi.  38.  55. 
Dionys.  iv.  59-  Serv.  in  Virg.  JEn.  viii.  345. — built  on  the 
Tarpeian  orCapitoHne  mount,  by  Tarquinius  Siiperbus,/!^- 
and  dedicated  by  Horatius,  Liv.  ii-  8-  ;  burnt  A.  U.  670. 
rebuilt  by  Sylla,  and  dedicated  by  Q-  Catulus,  A.  675. 
again  burnt  by  the  soldiers  of  Vitellius,  A.  D-  70'  Tacit. 
Hist*  iii.  72.  and  rebuilt  by  Vespasian.  At  his  death  it  was 
burnt  a  third  time,  and  restored  by  Domitian,  with  greater 
magnificence  than  ever,  Suet.  Dom>  5.  A  few  vestiges  of  it 
still  remain. 

Capitolium   is  sometimes  put  for  the  mountain  on 
which  the  temple  stood ;  as,  Liv- 1  10.  33.  38,  ii-  8'  he.  aud 


Public  Buildings-  617 

sometimes  for  the  temple  itself,  Liv.  iii.  18.  vi.  4'  &€•  The 
edifice  of  the  Capitol  vv  as  in  the  form  of  a  square,  extending 
nearly  200  feet  on  each  side.  It  contained  three  temples, 
{(vdes,  templa,  cellcc  vel  deluhrti)^  consecrated  to  Jupiter, 
Minerva,  and  Juno,  Dionys-  iv.  61.  The  temple  of  Jupiter 
was  in  the  middle,  whence  he  is  called  Media  qui  sedet  «de 
Deus,  Ovid.  Pont- IV-  932.  The  temple  of  Minerva  was 
on  the  riglit,  Liv.  vi.  4.  whence  she  is  said  to  have  obtained 
the  honours  next  to  Jupiter,  (Proximus  illi  (sc.  Jovi)  ta- 
men  occupavit  Pallas  honor es<,  Horat-  od.  i.  12«  19.)  and 
the  temple  of  Juno  on  the  left)  P.  Fictor  in  descr.  Pom.  Re- 
gionis,  viii.  Livy  however  places  Juno  first,  iii.  15.  So 
Ovid,  Trist.  ii.  291. 

The  Capitol  was  the  highest  part  in  the  city,  and  strongly 
fortified  ;  hence  called  ARX,  Firg.  Mn.  viii.  652.  (vel  ab 
ARC  EC,  quod  is  sit  locus  munitissimus  urbis  a  quo  factlhme 
possit  hostis  prohiberiy  V^arr.  L.  L.  iv  32.  vel  ab  utpof^  sum* 
7nus) ;  Capitolium  atque  arx.,  Liv.  ii.  49.  iii.  5-  arx  Capito- 
lii,  Flor-  iii.  21.  The  ascent  to  the  Capitol  from  the  Fo- 
rum was  by  100  steps.  Tacit.  Hist-  iii-  71.  Liv-  viii.  6-  It 
was  most  magnificently  adorned  ;  the  very  gilding  of  it  is 
said  to  have  cost  12,000  talents,  i,  e.  L«  1,976,250  sterling, 
Plutarch'  in  Poplic-  hence  called  Aurea,  Firg-  ib-  348,  and 
ruLGENs,  Horat.  od.  iii.  3,  43.  The  gates  were  of  brass, 
Liv.  X-  23.  and  the  tiles  gilt,  Plin.  xxxiii.  3. 

The  principal  temples  of  other  cities  were  also  called  by 
the  name  of  Capitol,  Suet.  Cal.  47*  Sil.  xi-  267.  Gell.  xvi. 
13.  Plaut:  Circ.  ii.  2.  19. 

In  the  Capitol  were  likewise  the  temples  of  Terminus, 
Liv'  i.  54.  see  p-  308-  of  Jupiter  Feretrius,  Id.  iv.  20.  j\ep, 
Att.  20.  &c.  Casa  Romuli^  the  cottage  of  Romulus,  covered 
with  straw,  Liv.  v.  S3.  Senec-  Helv-  9.  Fitruv.  n-  1.  near 
the  Curia  Calabra.,  Macrob.  Sat.  i.  1.  Senec.  Contr.  i.  6= 
Ovid.  Fast.  iii.  183. 

Near  the  ascent  to  the  Capitol  was  the  ASYLUM,  or 
sanctuary,  Z^zt:;.  i.  8.  which  Romulus  gpened,  seep-  46.  in 
imitation  of  the  Greeks,  Serv.  in  Firg-  Mn.  viii.  342.  ii, 
761.  Stat-  Theb.  xii.  498.  Zei;.  xxxv.  51,  Cic.  Ferr-  i-  33. 
Tacit.  Ann-  iv   14. 

The  PANTHEON,  built  by  Agrippa,  son-in-law  to 
4L 


6lb  ROMAN  antiquities: 

Augustus,  and  dedicated  to  Jupiter  Ultor,  Fiin.  xxxvi,  15. 
or  to  Mars  and  Venus,  Dio,  liii.  27.  or,  as  its  name  imports, 
to  all  the  gods,  seep.  343.  repaired  by  Adrian,  Spartian-  19» 
consecrated  by  Pope  Boniface  IV.  to  the  Virgin  Mary,  and 
All-SaintSy  A.  D-  607.  now  called  the  Rotunda^  from  its 
round  figure,  said  to  be  150  feet  high,  and  of  about  the  same 
breadth.  The  roof  is  curiously  vaulted,  void  spaces  being 
left  here  and  there  for  the  greater  strength.  It  has  no  win- 
dows, but  only  an  opening  in  the  top  for  the  admission  of 
light,  of  iibout  25  feet  diameter.  The  walls  in  the  inside  are 
either  solid  marble  or  incrusted.  The  front  on  the  outside 
was  covered  with  brazen  plates  gilt,  the  top  with  silver 
plates,  but  now  it  is  covered  with  lead.  The  gate  was  of 
brass  of  extraordinary  work  and  size.  They  used  to  as- 
cend to  it  by  twelve  steps,  but  now  they  go  down  as  many  ; 
the  earth  around  being  so  much  raised  by  the  demolition  of 
houses. 

3.  The  temple  of  Apollo  built  by  Augustus  on  the  Pala^ 
tine  hill,  SueU  Aug'  29.  Fell.  ii.  81.  in  which  was  a  public 
library,  Her.  ep.  i.  3.  17-  where  authors,  particularly  poets, 
used  to  recite  their  compositions,  Id.  Sat  i.  10.  38*  sitting 
in  full  dress,  Pers.  i*  15*  sometimes  before  select  judges, 
who  passed  sentence  on  tlieir  comparative  merits.  The  po- 
ets were  then  said  committi^  to  be  contrasted  or  matched. 
Suet.  Aug.  89.  Juvenal,  vi.  435.  as  combatants.  Suet.  Aug, 
AS.  and  the  reciters,  committere  opera.  Suet-  CI.  4.  Hence 
Caligula  said  of.Seneca,  that  he  only  composed  Commis- 
aioNEs,  shewy  declamations,  Suet  CI-  53. 

A  particular  place  is  said  to  have  been  built  for  this  pur- 
pose by  Hadrian,  and  consecrated  to  Minerva,  called  Ar 
THEN^UM,  Aurel,  Fict. — Capitol-  in  Gordian.  3.  Pertmac. 
11. 

Authors  used  studiously  to  invite  people  to  hear  them 
recite  their  works,  Dialog'  de  Orat-  9-  who  commonly  re- 
ceived them  with  acclamations,  Plin.  ep-  U"  14.  thus,  BE- 
NE, pulchre,  belle,  euge  ;  Non  Potest  melius,  Cic-  0- 
rat.  iii.  26.  Horat.  Art.  P-  428  Pers-  i.  49.  84-  Mart.  ii. 
Soph  OS,  i.  e-  sapienter,  (5-e4>«5),  scite,  docte.  Mart.  i.  4.  7 — 
50.  37' — 4.  67. — 77-  9.  and  sometimes  expressed  their 
fondness  for  the  author  by  kissing  him,  Martial,  u  4'  l^-et 
77,  JL4, 


Public  Buildings,  ^  CIS 

4.  The  temple  of  Diana,  built  on  the  A.ventine  mount,  at 
the  instigation  of  Servius  TuUius,  by  the  Latin  States,  in 
conjunction  with  the  Roman  people,  in  imitation  of  the 
temple  of  Diana  at  Ephcsus,  which  was  built  at  the  joint 
cxpencc  of  the  Greek.  States  in  Asia,  Liv  i.  45. 

5.  The  temple  of  Janus,  built  by  Niima,  (index  belli  et 
pacts)  with  two  brazen  gates,  one  on  each  side,  to  be  open 
in  war,  and  shut  in  time  of  peace,  Liv.  i-  19.  Veil-  ii.  38. 
Plin.  34.  7.  Serv-  in  Virg.  i.  294.  vii.  607-  shut  only  once 
during  the  republic,  at  the  end  of  the  first  Pnnic  war,  A.  U. 
529*  Ibid,  thrice  by  Augustus,  [Janum  Quirinum^  i*  e. 
Templum  Jani  belli  potentis,  ter  clausit^  Suet.  Aug.  22. 
Janum  Quirini,  Hot.  od.  iv.  15' 9)  first  after  the  battle  of 
Actium,  and  the  death  of  Antony  and  Cleopatra,  A.  U, 
725.  Dio.  li.  20.  a  second  time  after  the  Cantabrian  war, 
A.  729.  Dio.  liii-  26.  About  the  third  time,  authors  are 
not  agreed.  Some  suppose  this  temple  to  have  been 
built  by  Romulus,  and  only  enlarged  by  Numa  ;  hence 
they  take  Janus  Quirini  for  the  temple  of  Janus,  built  by 
Romulus,  Macrob.  Sat.  i.  9. 

A  temple  was  built  to  Romulus  by  Papirius,  A.  U.  45 9^ 
Jjiv.  X.  46.  and  another  by  Augustus,  Dio.  liv.  19. 

6.  The  temples  of  Saturn.  Juno.,  Mars.,  Ftnus,  Minerva^ 
Neptune.,  ^c.  of  Fortune ^  of  which  there  were  many,  of 
Concords  Peace.,  &.c. 

Augustus  built  a  temple  to  Mars  Ultor  in  the  Forum  Au- 
gusti.  Suet.  Aug.  29.  Ovid-  Fast.  v.  551 ;  Dio  says,  in  the 
Capitol,  liv.  8.  by  a  mistake  either  of  himself  or  his  transcrib- 
ers* In  this  temple  were  suspended  military  standards,  par- 
ticularly those  which  the  Partliians  took  from  the  Romans 
under  Crassus,  A.  U.  701.  Dio,  xl  27.  and  which  Pliraates, 
the  Parthian  king,  afterwards  restored  to  Augustus,  Id-  liii. 
23.  together  with  the  captives,  Id-  liv-  8  Fell-  ii-  91.  Just-  xlil 
5-  Flor-  iv-  12-  Eutrop'  vii-  5-  Suetonius,  Aug.  21.  and  Taci- 
tus, Annal.  ii.  I.  say  that  Phraates  also  gave  hostages. — No 
event  in  the  life  of  Augustus  is  more  celebrated  than  this, 
and  on  account  of  nothing  did  he  value  himself  more  than  that 
he  had  recovered  without  bloodshed,  and  by  the  mere  terror 
©f  his  name,  so  many  citizens  and  warlike  sp')ils,  lost  by  tiie 
misconduct  of  former  commanders-  Hence  it  is  extolled  by 


620  ROMAN  ANTIQUITIES. 

the  poets,  Horat'  od,  iv,  15-  6.  Ep.  i.  18.  56-  Ovid.  Trist.  ii. 
227  Fast.  vi.  405.  Firg.  JEn.  vii.  606.  and  the  memory  of 
it  perpetuated  by  coins  and  inscriptions.  On  a  stone,  found 
at  Ancyra,  now  Angouri  in  Phrygia,  (in  lapide  AncyranoJ , 
are  these  words ;  Parthos  trium  exercituum  Roma- 
no rum,  (i.  e.  of  the  two  armies  of  Crassus,  both  son,  Dio, 
xl.  21.  and  father,  lb-  24.  and  of  a  third  army,  commanded 
by  Oppius  Stati:mus,  the  Lieutenant  of  Antony,  Id'  xlix. 

25.)  SPOLIA     ET   SIGNA  REMITTERE    MIHI,   SUPPLICES- 
qjJE   AMICITIAM  POPULI  ROMANI  PETERE  COEGI  :    And 

on  several  coins  the  Parthian  is  represented  on  his  knees  de- 
livering a  military  standard  to  Augustus  ;  with  this  inscrip- 

tion,  CiVIB    ETSIGN.MILIT-A  PaRTHIS  RE  CEP-  Vel  RES- 
TIT.  vel.  RE  CUP. 

II.  Theatres,  j^^  p.  386.  Amphitheatres,  p.  374.  and 
places  for  exercise  or  amusement 

ODEUM,  i^ahiay^)  from  a^^y  cano,J  a  building  where  mu- 
sicians and  actors  rehearsed,  or  privately  exercised  them- 
selves, before  appearing  on  the  stage,  Cic*  Att.  iv.  16.  Suet' 
JDom.  5. 

NYMPHiEUM,  a  building  adorned  with  statues  of  the 
nynjphs,  and  abounding,  as  it  is  thought,  with  fountains  and 
water-falls,  which  afforded  an  agreeable  and  refreshing  cool- 
ness ;  borrowed  from  the  Greeks,  Phn.  xxxv-  12-  s.  43.  in- 
troduced very  late  at  Rome,  Capitol.  Gord.  32.  unless  we 
suppose  it  the  same  with  the  temple  of  the  nymphs,  mention- 
ed bv  Cicero,  Mil.  21.  Arusp.  27. 

CIRCI.  The  Circus  Maximus,  jeep.  365-  Circus 
Plaminius,  laid  out  by  one  Flaminius  ;  called  also  ApoL 
linaris,  from  a  temple  of  Apollo  near  it,  Ltv.  iii.  54.  63. 
used  not  only  for  the  celebration  of  games,  but  also  for  mak- 
jng  harangues  to  the  people,  Cic-  post  red'  in  Sen.  6-  Sext- 
14. 

The  Circus  Maximus  was  much  frequented  by  sharp- 
ers and  fortune-tellers,  ( sortilegiJ ,'}  ugglers,  ipnestigiatores) , 
&c.  hence  called  FALL  AX,  Horat.  Sat.  i.  6.  113- 

Several  new  Circi  were  added  by  the  Emperors,  Nero, 
Tacit.  Ann.  xiv.  14.  Caracalla,  Heliogabalus,  &c- 

STADIA,  places  nearly  in  the  form  of  Circi,  for  the  run- 
ning of  men  and  horses,  Suet,  C's,  39,  Doni'  5.  Hippodro- 


Public  Buildings-  621 

MI,  places  for  the  running  or  coursing  of  horses,  Plant, 
Bacch'  iii-  3.  27.  also  laid  out  for  private  use,  Martial,  xii. 
50.  especially  in  country-villas,  Flm.  ep.  v.  6.  but  here 
some  read  Hupodromus^  a  shady  or  covered  walk,  which 
indeed  seems  to  be  meant ;  as  Sidon.  ep.  ii.  2. 

PALiESTRiE,  GYMNASIA,  et  XYSTI,  places  for 
exercising  the  Athlttx  ;  see  p.  369.  &  370.  or  pancratiast^, 
who  both  wrestled  and  boxed,  {qui  pancratio  certabant^ 
i.  e.  omnibus  viribus,  '»■*»  x^xrei')^  Senec.  ben.  v.  3-  GelL  iii.  15. 
xiii.  27-  Quinctil.  ii.  9. 

These  places  were  chiefly  in  the  CAMPUS  M ARTIUS, 
a  large  plain  along  the  Tiber,  where  the  Roman  youth  per- 
formed their  exercises,  anciently  belonging  to  the  Tarquins ; 
hence  c^^lled  Superei  regis  ager,  Juvenal,  v'l.  ^23-  and 
after  their  expulsion,  consecrated  to  Miirs,  Uv.  ii.  5«  oiled 
by  way  of  eminence,  CAMPUS,  Horat.  od.  iii.  1-  10.  Cic, 
Cat.  i.  5,  Off-  i.  29.  put  for  the  Comitia  held  there,  Cic. 
Orat-  iii.  42.  henceyj^r^  domina  campi,  Cic.  Pis-  2.  or  for 
the  votes  ;  hence  venalis  campus,  i*  e.  suffragia^  Lucan  i. 
180'  Campi  JVota,  a  repulse,  Fal-  Max.  vi.  9.  14.  or  for  any 
thing  in  which  a  person  exercises  himself ;  hence  latissi- 
mus  dicendi  campus.,  in  quo  Hceat  oratori  vagari  libere,  a 
large  field  for  speaking,  Cic.  Off  i-  18-  Acad.  iv.  35.  Campus^ 
in  quo  excurrere  virtus.,  cognoscique  possit,  Cic-  Mur.  8- 

NAUMACHliE,  places  for  exhibiting  naval  engage- 
ments, built  nearly  in  the  form  of  a  Circus  ;  vetus,  i.  e- 
Naumachia.,  Circi  Maximi.,  Suet-  Tit-  7,  Augusti,/g^  43* 
Tib-  72.  DoMiTiANi,  Id.  5-  Martial-  Spect-  28.  These 
ligjits  were  exhibited  also  in  the  circus  and  amphitheatre, 
Ibid'  see  p-  371. 

III.  CURi/E,  buildings  where  the  inhabitants  of  each 
Curia  met  to  perform  divine  service,  Varro,  de  L'  L-  iv. 
32.  seep'  l-or  where  the  senate  assembled,  (Senacula); 
p.  9. 

IV-  FORA,  public  places Of  these  the  chief  was, 

FORUM  RoMANUM,  Vetus,  vei  Magnum,  a  large  ob- 
long open  space  between  the  Capitolme  and  Palatine  hilk, 
now  the  ccrw  market.,  where  the  assemblies  of  the  people 
were  held,  where  justice  was  administered,  and  public  bu- 
siness transacted,  see  p'  83,  107, 132,  &c.  institutedby  Ro- 


6^2  ROMAN  ANTIQUITIES. 

mulus,  Dionys-  ii«  50-  and  surrounded  with  porticos,  shops, 
and  buildings  by  Tarquinius  Priscus,  Liv-  i-  35-  These 
shops  were  chiefly  occupied  by  bankers,  (argentariij ; 
hence  called  Argentari^,  sc-  tahtrne^  LiV"  xxvi« 
11-  VETERES,  Plant  Cure-  iv-  1.  19*  hence  ratio  pecunia- 
rum,  quce  in  foro  versatur^  the  state  of  money  matters, 
Cic-  Manil- 1'  fidfim  de  foro  toller e^  to  destroy  public  credit, 
Cic-  Rull  \'  8  in  foro  versariy  to  trade,  Id-  Flacc'  29. 
foro  cedere,  to  become  bankrupt,  Sen-  ben-  iv*  39. 
vel  in  foro  eum  non  habere^  Cic.  Kabir.  Post- 15.  but  deforo 
decedere,  not  to  appear  in  public,  Aep.  j4tt.  10.  in  foro 
esse^  to  be  engaged  in  public  business,  Id'  Cat.  1.  vel 
dare  operamforo^  Plaut.  Asin.  ii.  4.  22,  fori  tabes^  the  r^gt 
of  litigation,  Tacit  Attn,  xi-  6.  in  alienoforo  litigare^  to  fol. 
low  a  business  o^^e  does  not  understand.  Martial.  pr<ef  xii* 

Around  xh^  forum  were  built  spacious  halls,  called  BASI- 
LICiE,  where  courts  of  justice  might  sit,  and  other  public 
business  be  transacted,  see  p.  132.  not  used  in  early  times, 
JLiv.  xxvi-  27.  adorned  with  columns  and  porticos,  Cic, 
Varr.  iv.  3.  v«  58.  Att'  iv«  16.  afterwards  converted  into 
Christian  churches- 

The  Forum  was  altogether  surrounded  with  arched  por- 
ticos, with  proper  places  left  for  entrance,  Liv.  xli.  27. 

Near  the  Rostra^  stood  a  statue  of  Marsyas,  vel  -a,  He- 
rat. Sat.  i-  6.  120.  who  having  presumed  to  challenge  Apollo 
at  singing,  and  being  vanquished,  was  flayed  alive,  Liv' 
xxxviii.  13-  Ovid.  Fast.  vi.  707.  Hence  his  statue  was  set 
up  in  the  Foritm^  to  deter  unjust  litigants. 

There  was  only  one  Forum  under  the  republic.  Julius 
Caesar  added  another  ;  the  area  of  which  cost  H.  S.  millies, 
i-  e.  L.  807,291  :  13  :  4  sterling,  Suet.  Jul-  26  Plin.  xxxvi. 
15.  s-  24.  and  Augustus  a  third,  Id*  xxix-  31.  Hence  tri- 
NA  FOR  A,  Ovid-  Trist.  iii.  12.  24.  Senec-  de  Ira^  ii.  9-  Tri- 
plex, FORUM,  Martial,  iii-  38.  4. 

Domitian  began  a  fourth  Forum,  which  was  finished  by 
Nerva,  and  named  from  him,  FORUM  NERViE,  Suet. 
I)om.  5.  called  also  Transitorium,  because  it  served  as 
a  convenient  passage  to  the  other  three,  Lamprid.  in  A' 
lex.  28- 

But  the  most  splendcd  Forum  was  that  btilt  by  Trajan, 


PuBiic  Buildings,  623 

and  adorned  wltli  the  spoils  he  had  taken  in  war,  Marcellin. 
xvi.  6.  Gell'  xiii.  23- 

There  were  also  various  FORA,  or  market-places,  where 
certain  commodities  were  sold  ;  thus,  Forum  BOARIUM, 
the  ox  and  coav  market,  Fesfus ;  in  which  stood  a  bra- 
zen statue  of  a  bull.  Tacit-  xii.  24.  adjoining  to  the  Circus 
Maximus,  Ovid.  Fast-  vi«  477.  Suarium,  the  swine- 
market  ;  PISCARIUM,  the  fish-market;  Olitorium, 
the  Green-market  ;  Forum  Cupedinis,  where  pastry 
and  confections  were  sold  ;  all  contiguous  to  one  another, 
along  the  Tiber  ;  when  joined  together  called  MACEL- 
LUM,  from  one  Macellus,  whose  house  had  stood  there, 
Varr'  de  L.  L.  iv^  32.  Those  who  frequented  this  place 
are  enumerated,  Ter.  Eiin.  ii.  2.  25* 

V-  PORTICUS,  or  piazzas,  were  among  the  most 
splendid  ornaments  of  the  citj^  They  took  their  names 
either  from  the  edifices  to  which  they  were  annexed  ;  as 
Forticus  Concordi<e^  Apollinis,  Quirini,  Nerculis,  Theatriy 
Circiy  Amphitheatri^  &c.  or  from  the  builders  of  them  ; 
as  Forticus,  Pompeia^  Livia,  Octavia,  Agrippa:,  &,c.  used 
chiefly  for  walking  in  or  riding  under  covert,  Ovid  J  Art*  Am, 
i.  67.  CiC'  Dom.  44-  seep.  479- 

In  porticos,  the  senate  and  courts  of  justice  were  some^ 
times  held,  AppiaU'  bell-  civ.  ii.  p.  500.  Hei-e  also  those 
who  sold  jewels,  pictures,  or  the  like,  exposed  their 
goods. 

Upon  a  sudden  shower,  the  people  retired  thillier  from 
the  theatre,  Vitruv.  v-  9-  Soldiers  sometimes  had  their  tent> 
in  porticos.  Tacit.  Hist'  i-  31.  There  authors  recited  their 
works,  Juvenal,  i-  12.  philosophers  used  to  dispute,  Cic~ 
Orat'  ii.  20.  Fropert.  ii.  33.45.  particularly  the  Stoics ; 
whence  their  name,  (from  c-Te«  porticusj,  because  Zeno, 
the  founder  of  that  sect,  taught  his  scholars  in  a  portico  at 
Athens,  called  Foecile,  ^<^i'<-t^Vfvarta^picta\ii(\orned\withva- 
rious  pictures,  particularly  that  of  the  battle  of  Marathon, 
Cic.  Mur.  29.  Pers  nu  52>-  jVep.  Milt.  6.  So  Chrysippi 
porficus,  the  school  of,  Ilorat'  Sat.  ii.  3.  44.  see  p.  479. 

Porticos  were  gcTierally  paved,  Cpavif?ientat^),  Cic.  dom. 
44.  Q-fr.  iii.  1.  supported  on  marble  j^illars,  Sencc.  cp-  115. 
and  adorned  with  statues,  Ovid.  Fast.  v.  5.63.  Trist.  iii,  1* 
9.  Fropert.  ii.23.  5.  Suet,  Aug.  31. 


624  HOMAN  ANTIQUITIES. 

VI.  COLUMNiE,  (?^A«<,  vel  sfAa*),  columns  or  pillafs, 
properly  denote  the  props  or  supports,  (fulcra)  of  the  rooi 
of  a  house,  or  of  the  principal  beam  on  which  the  roof  de- 
pends {columen)  ;  but  this  term  came  to  be  extended  to  all 
props  or  supports  whatever,  especially  such  as  are  ornamen- 
tal, and  also  to  those  structures  which  support  nothing,  un- 
less perhaps  a  statue,  a  globe,  or  the  like. 

A  principal  part  of  architecture  consists  in  a  knowledge 
of  the  different  form,  size,  and  proportions  of  columns- 
Columns  are  variously  denominated  from  the  five  diffe- 
rent orders  of  architecture,  Doric ^  Ionic ^  Corinthian^  Tus- 
can, and  Composite^  i.  e.  composed  of  the  first  three. 

The  foot  of  a  column  is  caWedthe  base  (basis^  Piin.  xxxvi. 
23.  s.  56.)  and  is  always  made  one  half  of  the  height  of  the 
diameter  of  the  column  :  That  part  of  a  column  on  which  it 
stands,  is  called  its  pedestal,  {stylobates^  vel  -fa,  the  top,  its 
chapiter  or  capital,  iepisti/liunij  caput  vel  capttulum),  and 
the  straight  part,  its  shaft,  fscapus). 

Various  pillars  were  erected  at  Rome  in  honour  of  great 
men,  and  to  commemorate  illustrious  actions,  Plin.  xxxiv. 
5.  thus,  CoLUMNAiENEA,  a  brazcn  pillar,  on  which  a 
league  with  the  Latins  was  written,  Liv.  ii'33.  Columna 
RosTRATA,  a  columu  adorned  with  figures  of  ships,  in 
honour  of  Duilius,  in  the  Forum  ;  see  p.  422*  of  white  mar- 
ble, Sil.  vi.  663.  still  remaining  with  its  inscription  ;  another 
in  the  Capitol,  erected  by  M-  Fulvius,  the  Consul,  in  the 
second  Punic  war,  Liv.  xlii-  20.  in  honour  of  Caesar,  con- 
sisting of  one  stone  of  Numidian  marble,  near  twenty  feet 
high.  Suet'  Jul.  86.  of  Galba,  Id.  G  23. 

But  the  most  remarkable  columns  were  those  of  Trajan 
and  Antoninus  Pius. 

Trajan's  pillar  was  erected  in  the  middle  of  his  Forum^ 
composed  of  twenty-four  great  pieces  of  marble,  but  so  cu- 
riously cemented,  as  to  seem  but  one.  Its  height  is  128 
feet ;  according  to  Eutropius,  144  feet,  viii.  5.  It  is  about 
twelve  feet  diameter  at  the  bottom  ;  and  ten  at  the  top.  It 
has  in  the  inside  185  steps  for  ascending  to  the  top,  and  for- 
ty windows  for  the  admission  of  light. 

The  whole  pillar  is  incrusted  with  marble,  on  which  are 
represented  the  warlike  exploits  of  that  Emperor  and  his 


Public  Buildings.  625 

army,  particularly  in  Dacia,  On  the  top  was  a  Colossus  of 
Tr.ij.ui,  holding  in  his  left  hand  a  sceptre,  and  in  his  right, 
an  hollow  globe  of  gold,  in  which  his  ashes  were  put ;  but 
Eutropius  affirms  his  ashes  were  deposited  under  the  pillar, 
viii.  5. 

The  pillar  of  Antoninus  was  erected  to  him  by  the  senate 
after  his  death.  It  is  176  feet  high,  the  steps  of  ascent  106, 
the  windows  56.  The  sculpture  and  other  ornaments  are 
much  of  the  same  kind  with  those  of  Trajan's  pillar,  but  the 
work  greatly  inferior. 

Both  these  pillars  are  still  standing,  and  justly  reckoned 
among  the  most  precious  remains  of  antiquity.  Popo  Six- 
tusV- instead  of  the  statues  of  the  emperors,  caused  the  sta- 
tue of  St.  Peter  to  be  erected  on  Trajan's  pillar,  and  of  Paul 
on  that  of  Antoninus. 

The  Romans  were  uncommonly  fond  of  adorning  their 
houses  with  pillars,  Cic.  Verr.  i.  55.  &c.  Hnrat-  ocl-  ii.  18, 
Juven.  vii'  182.  and  placing  statues  between  them,  iin  inter' 
columniisJy  Cic-  Verr.  1.  19.  as  in  temples,  Ov.  Trist.  iii, 
1.  61. 

A  tax  seems  to  have  been  imposed  on  pillars,  called  Co- 
iUMNARiuM,  Cic'  Att.  xiii.  6.  Cees.  B.  C.  iii.  28.  s.  32« 

There  was  a  pillar  in  the  Forum^  called  Columna  Menia, 
ijrom  C.  Mrenius,  who  having  conquered  the  Antiates,  A, 
U-  417.  placed  the  brazen  beaks  of  their  ships  on  the  tribu- 
nal in  the  Forum^  from  which  speeches  were  made  to  the 
people  ;  hence  called  ROSTRA  ;  see  p.  83.  Plin.  xxxiv» 
5s.  11. 

Near  this  pillar,  slaves  and  thieves,  or  fraudulent  bank- 
rupts, used  to  be  punished,  Cic.  Cluent-  13-  Hence  insig- 
nificant idle  persons,  who  used  to  saunter  about  that  place, 
were  called  Columnarii,  Cic'  Fam-  viii.  9.  as  those  who 
loitered  about  the  Rostra  and  courts  of  justice  were  called 
SuBRosTRANi,  Cic-  Fam.  viii.  1.  and  Subbasilicarii, 
Flaut.  Capt.  IV-  2-  ^5.  comprehended  in  the  Turbaforen" 
sis,  or  plebs  urbanay  which  Cicero  often  mentions. 

VII.  ARCUS  TRIUMPHALES,  arches  erected  in 
honour  of  illustrious  generals,  who  had  gained  signal  victo- 
ries  in  war,  Dio,  xlix.  15.  li.  19.  liv.  8.  several  of  which  are 
still  standing.  They  were  at  first  very  simple  ;  built  of  brick 
or  hewn  stone  ;  of  a  semicircular  figure ;  hence  called  Foa^ 


§:^6  ROMAN  ANTIQUITIES^ 

NicES  by  Cicero,  Ferr.  i.  7.  ii-  63-  but  afterwards  more 
magnificent,  built  of  the  finest  marble,  and  of  a  square  figure, 
with  a  large  arched  gate  in  the  middle,  and  two  small  ones 
on  each  side,  adorned  with  columns  and  statues,  and  vari- 
ous figures  done  in  sculpture,  Juv.  x.  136' 

From  the  vault  of  the  middle  gate,  hung  little  winged  im- 
ages of  victory,  with  crowns  in  their  hands,  which,  when 
let  down,  they  put  on  the  victor's  head  as  he  passed  in  tri- 
umph. This  magnificence  began  under  the  first  emperors  ; 
hence  Pliny  calls  it  Novicium  inventum,  xxxiv,  6.  &' 
12. 

VII 1.  TROP-ZEA,  trophies,  were  spoils  taken  from  the 
i:nemy,  and  fixed  upon  any  thing,  as  signs  or  monuments 
of  victory,  (a  r^o-Kvi^fuga)  ;  erected  (posita  vgI  statutaj  usu- 
ally in  the  place  where  it  was  gained,  and  consecrated  to 
some  divinity,  with  an  inscription,  Firg-,'En.  xi.  5.  iii-  288. 
Ovid.  Art.  Atnor-  ii»  744.  Tacit.  Ann'  ii.  22.  Curt.  vii.  7.. 
Tiii.  1.  used  chiefly  among  the  ancient  Greeks,  who,  for  a 
trophy,  decorated  tlie  trunk  of  a  tree  with  the  arms  and 
spoils  of  the  vanquished  enemy,  Stat.  Theb.  ii.  707.  Jicv*  x. 
133.  Those  who  erected  metal  or  stone,  were  held  in  de- 
testation by  the  other  states,  Cic-  de  Invent-  ii^  23.  nor  did 
they  repair  a  trophy  when  it  decayed,  to  intimate,  that  en- 
mities ought  not  to  be  immortal,  Plutarch-  qucsst^  Jiom-36<^ 
Diod'  Cic.  13, 

Trophies  were  not  much  used  by  the  Romans,  who,  Flo- 
rus  says,  never  insulted  the  vanquished,  iii-  2.  They  called 
any  monuments  of  a  victory  by  that  name,  Cic.  Arch.  7. 
Dom.  37.  Pis.  38.  Plin.  paneg,  59.  Plin*  nai.  htst-iVi.  3.  s. 
4.  20.  s.  24-  Thus  the  oak  tree,  with  a  cross  piece  of  wood 
on  the  top,  on  which  Komulus  carried  the  spoils  of  Acron, 
king  of  the  Cseninenses,  is  called  by  Plutarch  rpon-ttt** ;  by 
Livy,  FERCULUM,  i.  10.  or,  as  others  read  the  passage,  fe- 
RETRUM,  Tropeum  is  also  put  by  the  poets  for  the  victory 
itself*  Horat-  od.  ii.  19.  AVp.  Thcmist'  5,  or  the  spoils,  Firg. 
G.  iii.  32. 

It  was  reckoned  unlawful  to  overturn  a  trophy,  as  having 
been  consecrated  to  the  gods  of  war-  Thus  Caesar  left  stand- 
ing the  trophies  which  Pompey,  from  a  criminal  vanity,  had 
erected  on  the  Pyrenean  mountains,  after  his  conquest  of 
Sertorius  and  Perpenna  in  Spain,  Dio.  xli.  24.  Strab.  iii.  p. 
756'  and  that  of  Mithridates  over  Triaiius  near  Ziela  io 


Public  BuiLDiNct;.^  627 

Fontus,  Id.  xlii.  48.  but  reared  opposite  to  them  monument*^: 
of  his  own  victories  ;  over  Afranius  and  Petreius,  in  the  for  ^ 
mer  place,  -^nd  over  Pharnaccs,  the  son  of  Mithridates,  in 
the  latter,  Ihid.  The  inscription  on  Cfesar's  trophy  on  the 
Alps  we  have,  Pirn-  iii.  20.  s.  24.  Drusus  erected  trophies 
near  the  Elbe  for  his  victories  over  the  Germans,  Dio,  Iv.  1, 
Flor.  iv.  12.  23.  Ptolemy  places  them  {.inter  Canduam  eC 
JLuppianJ,  ii.  11. 

There  are  two  trunks  of  marble,  decorated  like  trophiefv 
still  remaining  at  Rome,  which  are  supposed  by  some  to  be 
those  said  to  have  been  erected  by  Marius  over  Jugurtha, 
and  over  the  Cimbri  and  Teutons  vel  -f,?.  Suet.  Jul*  11. 
Val.  Max.  vi.  9«  14.  But  this  seems  not  to  be  ascertained. 

IX.  AQUiEDUCTUS.  See  p.  480.  Some  of  them 
brought  water  to  Rome  from  more  than  the  distance  of  six- 
ty miles,  through  rocks  and  mountains,  and  over  vallies, 
Pliri'  xxxvi.  15.  s-  24.  supported  on  arches,  in  some  places, 
above  109  feet  high,  one  row  being  placed  above  another. 
The  care  of  them  anciently  belonged  to  the  Censors  and 
iEdiles ;  afterwards  certain  officers  were  appointed  for  that 
purpose  by  the  Emperors,  called  Curatores  a<^uarum, 
with  720  men,  paid  by  the  public,  to  keep  them  in  repair, 
divided  into  two  bodies,  (famili«) ;  the  one  called  Publi- 
CA,  first  instituted  by  Agrippa,  under  Augustus,  consisting 
of  260;  the  other,  Familia  Caesar  is,  of  460,  instituted  by 
the  Emperor  Claudius,  Frontin.  de  Aqut^duct' 

The  slaves  employed  in  taking  care  of  the  water  were 
called  AquARii,  Cic.  Fam.vm.Q,  Aquaria  provincia, 
is  supposed  to  mean  the  charge  of  the  port  ofOstia,  CiCo 
Fat-  5.  Mur-  8. 

A  person  who  examined  the  height  from  which  water 
might  be  brought,  was  called  LIBRATOR,  Plin.  ep-  x. 
50.  69-  the  instrument  by  which  this  was  done,  Aqy aria 
LiBRA^  Fitruv.  viii-  6.  henoe  loais  pan  libra  cum  cequore 
maris  est^  of  the  same  height,  Columell.  viii.  17.  Omnea 
aqua  diversa  in  urbem  libra  perveniunty  from  a  different 
height,  Frontin.  i.  18.  So  turres  ad  libramfact<e,  of  a  pro- 
per height,  Cas.  B.  C.  iii.  40.  Locus  ad  libdlam  tcquust 
quite  level,  Varr.  de  R.  R,'\.  6. 

The  declivity  of  an  aqueduct  (libramentiim  aqu^)  was  at 
least  the  fourth  of  an  inch  eve^  100  feet,  kin  centenos  ptdes 
sicilici  minimum  eritJj  Plin.  xxxi,  6.  s.  31-  according  to 


628  ROMAN  ANTIQUITIES. 

Vitruvius,  half  a  foot,  viii.  7.  The  moderns  observe  nearly 
» that  mentioned  by  Phny.     If  the  water  was  conveyed  under 
ground,  there  were  openings  alumina)  every  240  feet,  {m  bU 
nos  actus),  Ibid- 

'The  Curatur  or  prafectus  aquarum  was  invested  by  Au- 
gustus with  considerable  authority,  Suet.  Aug.  37.  attend- 
ed without  the  city  by  two  lictors,  three  public  slaves,  an 
architect,  secretaries,  &c.  Frontin.  hence,  under  the  later 
emperors  he  was  called  Con sularis  Aq^uARUM,  /.  1.  C. 
de  Aqiieed* 

According  to  P.  Victor,  there  were  twenty  aquaeducts 
in  Rome  :  but  others  make  them  only  fourteen.  They  were 
named  from  the  maker  of  them,  the  place  from  which  the 
water  was  brought,  or  from  some  other  circumstance  ;  thus, 
AquA  Claudia,  Appia^  Marcia,  Jidia,  Cimina,  Felix,  Vir- 
go, (y^lvirgineus  liquor,  Ovid.  Pont,  i  8'  38->  so  called, 
because  a  young  girl  pointed  out  certain  veins,  which  the 
diggers  following,  found  a  great  quantity  of  water,  Frontin, 
but  others  give  a  different  account  of  the  matter,  Plin.  xxxi. 
3»,  Cassiodor.  vii.  epist.  6.  made  by  Agrippa,  Dio.  liv.  14.  as 
several  others  were,  Suet.  Aug.  42-  Dio.  xlviii.  32.  xlix. 
14.  42. 

X.  CLOAC/E,  (a  cluo  vel  conluo/i.  e.  purgo,  ¥est. 
&  Plin.)  sewers,  drains,  or  sinks,  for  carrying  off  the  filth 
of  the  city  into  the  Tiber  ;  first  made  by  Tarquinius  Pris- 
cus,  Ltv.  i.  38.  extending  under  the  whole  city,  and  di- 
vided into  numerous  branches ;  the  arches  which  support- 
ed the  streets  and  buildings  were  so  high  and  broad,  that  a 
wain  loaded  with  h;^y,  ivehis,  v.  -es  fxni  large  onustaJ, 
might  go  below,  and  vessels  sail  in  them,  hence  Phny  calls 
them  operum  omnium  cictu  maximumy  suffossis  monti- 
bus,  atque  urbe  pensiliy  subterque  navigata,  xxxvi.  13. 
So  Strab.  v.  p.  225.  There  were  in  the  streets,  at 
proper  distances,  openings  for  the  admission  of  dirty  wa- 
ter, or  any  other  filth,  Horat.  Sat*  ii.  3-  242.  which  per- 
sons were  appointed  always  to  remove,  and  also  to  keep 
the  Cloaca  clean,  Plin.  ep-  x.  41.  This  was  the  more  easily 
effected  by  the  declivity  of  the  ground,  and  the  plenty  of 
water  with  which  the  city  was  supplied,  Plin*  xxxvi*  15. 

The  principal  sewer,  with  which  the  rest  communicated, 
was  called  CLOACA  MAXImA,  the  work  of  Tarquinius 


Pcblic  Buildings.  629 

Superbus,  Liv.  i.  5G.  Various  cloaca-were  afterwards  made, 
Z,iv  xxxix*  44. 

The  Cloacx  at  first  were  carried  through  the  streets,  (per- 
publicum  duct<tJ  ;  but  by  the  want  of  regularity  in  rebuild- 
ing the  city,  after  it  was  burned  by  the  Gauls,  they  in  many 
places  went  under  private  houses,  Liv,  v.  55- 

Under  the  republic,  the  Censors  had  the  charge  of  the 
Cloacae :  but  under  the  Emperors,  Cur  a  tores  Cloaca- 
rum  were  appointed,  and  a  tax  imposed  for  keeping  them 
in  repair,  called  C  l  o  a  c  a  r  i  u  ri ,  Ultt ian. 

XL  VL-E — The  ])ublic  ways  were  perhaps  tlie  greatest 
of  all  the  Roman  works,  made  with  amazing  kbour  and  ex- 
pence,  extending  to  the  utmost  limits  of  tJie  empire,  from  the 
pillars  of  Hercules  to  the  Euphrates,  and  the  southern  con-, 
fines  of  Egypt. 

The  Carthaginians  are  said  first  to  have  paved  (stravisse) 
their  roads  with  stones  ;  and  after  them,  the  Romans,  Isidor. 
XV.  16» 

The  first  road  which  the  Romans  paved,  fmuniveruntj ^ 
was  to  Capua  ;  first  made  by  ilKppius  Claudius  the  Ceiisor, 
the  same  who  built  the  first  aquasduct,  \.  U.  44>l,' Liv.  ix. 
29.  Eutro').  ii'  4.  afterwards  continued  to  Brundusium, 
Horat.  ep.  i.  18.  20.  Sat.  i.  5-  Tacit..  Ann.  ii-  30-  about  35» 
miles,  but  by  whom  is  uncertain  ;  called  regina  via  rum, 
Stat.  Sylv'  ii«  2.  11.  paved  with  the  hardest  flint,  so  firmly, 
that  in  several  places  it  remains  entire  unto  this  day,  above 
2000  years ;  so  broad,  that  two  carriages  might  pass  one 
another,  commonly  however  not  exceeding  fourteen  feet. 
The  stones  were  of  different  sizes,  from  one  to  five  feet  eve- 
ry way,  but  so  artfully  joined,  tliat  they  appeared  but  one 
stone.  There  were  two  strata  below  ;  the  firs*^  stratum  of 
rough  stones  cernented  with  mortar,  and  the  second  of  gra- 
vel ;  the  whole  about  three  feet  thick- 

The  roads  were  so  raised  as  to  command  a  prospect  of  the 
adjacent  country.  On  each  side  there  was  usually  a  row  of 
larger  stones,  calledMARGiNES,  a  little  raised,  for  foot  pas- 
sengers :  hence  the  roads  were  said  Marginari,  Liv.  xli^ 
27. 

Sometimes  roads  were  only  covered  with  gravel,  (^glarea)^ 
with  a  foot-path  of  stone  on  each  side.  Ibid. 

Augustus  erected  a  gilt  pillar  in  the  Forwn,  called  MIL- 
LIARIUM  AUREUMj-P/frj.iii.  5.  Tacit.  HisUi-  73,  Suet. 


6S0  ROMAN  ANTIQUITIES. 

Oth,  6.  Dio.  liv.  8.  where  all  the  military  ways  terminated, 
Plut.  in  Galba^  p»  1064.  The  miles  however  were  reckon- 
ed not  from  it,  but  from  the  gates  of  the  city,  1.  154.  D-  de 
V.  S,  along  all  the  roads,  to  the  limits  of  the  empire,  and 
mwked  on  stones  ;  hence  LAPIS  is  put  for  a  mile  ;  thus, 
ad  tertium  lapidem,  the  same  with  tria  millia  passuum  ab 
tirbe^  Piin.  XV.  \d.  Liv.  xxvi.  10.  At  smaller  distances, 
there  were  stones  for  travellers  to  rest  on,  and  to  assist  those 
who  alighted,  to  mount  their  horses,  Plutarch,  in  Gracch. 
See  p.  233. 

The  public  ways  CPUBLICiE  VI^),  were  named  ei- 
ther  from  the  persons  who  first  laid  them  out,  or  the  places 
to  which  they  led  :  thus,  VIA  APPIA,  and  near  it,  Via 
NUMICIA,  which  also  led  to  Brundusium' 

Via  AURELIA,  along  the  coast  of  Etruria  ;  FLAMI- 
KIA,  to  Ariminum  and  Aquileia ;  CASSIA,  in  the  middle 
between  these  two,  through  Etruria  to  Mutina,  Cic.  Phil, 
xii.  9-  Cat.  ii.  4-  iEMlLlA,  which  led  from  Ariminum  to 
Placentia,  Liv.  xxxix.  2. 

Via  PRiENESTlNA,  to  Pr^neste  ;  TIBURTINA, 
vel  TIBURS,  to  Trbur,  Horat.  Sat.  i.  6-  108.  OSTIEN- 
SIS,  to  Ostia  ;  Laurentina,  to  Laurentum,  Piin.  ep.  lu 
16.  Salaria  ;  so  called,  because  by  it  the  Sabines  carried 
salt  from  the  sea,  Pestus,  Martial,  iv.  64.  18.  Latin  a?  &c. 

The  principal  roads  were  called  PUBLICiE,  vel  Mili- 
TAREs,  consular esy  vel  pr^etorie ;  as  among  the  Greeks, 
fix<r,x,K<*i^  i.e-regia  ;  the  less  frequented  roads,-PRIVATiE» 
agraria,  vel  vicinaks,  quia  ad  agros  et  vicos  ducunt^  Ulpian. 

The  charge  of  the  public  ways  was  intrusted  only  to  men 
of  the  highest  dignity,  Plin.  ep.  v.  15-  Augustus  himself 
undertook  the  charge  of  the  roads  round  Rome,  and  appoint- 
ed two  men  of  Praetorian  rank  to  pave  the  roads  ;  each  of 
whom  was  attended  by  two  lictors,  Z)zo,  liv.  8- 

From  the  principal  ways,  there  were  cross-roads,  which 
led  to  some  less  noted  place,  to  a  country  villa,  or  the  likg, 
called  DIVERTICULA,  Suet.  Ner.  48.  Plin.  31. 3-  s.  25. 
Serv.  ad  JEn.  ix.  379.  which  word  is  put  also  for  the  inns 
along  the  public  roads,  Lw.  i.  51.  Donat.  in  Ter-  Eun.  iv- 
2. 7.  hence  for  a  digTcssion  from  the  principal  subject,  Liv. 
ix.  17.  Juvenal,  xv.  72. 

But  places  near  the  road  where  travellers  rested,  iquo  di. 
^erterent  ad  requicscendum),  are  commonly  galled  DI- 


PuBiic  Buildings*  631 

VERSORIA,  whether  belonging  to  a  friend,  the  same  with 
Jlospitia^  Cic.  Fam.  vi.  19.  or  purchased  on  purjxjse,  lb. 
vii-  23.  or  hired,  fmeritoria)^  then  properly  called  Caupo- 
N/E,  Norat.  ep.'i.  11-  12.  or  Tabern^e  DivERSORiiE, 
Plant .  Truc'  iii-  2-  29.  and  the  keeper,  {InstitorJ ^  of  such  a 
place,  of  an  inn  or  tavern,  C  AUPO  ;  those  who  went  to  it, 
DivERsoRES,  Cic,  Inveri'i.  4.  Divin-  27-  Hence  commo^ 
randi  natura  diversorium  nobis^  non  habitandi  dedit,  Id-  Sen.. 
23. 

In  later  times  the  inns  or  stages  along  the  roads  were  call- 
ed MAN  SI  ONES  ;  commonly  at  the  distance  of  half  a 
day's  journey  from  one  another,  see  p.  401;  and  at  a  less 
distanc^,  places  for  relays,  called  MUTATIONES,  where 
the  public  couriers,  (publici  cursores  vel  Veredarii^ 
changed  horses. 

These  horses  were  kept  in  constant  readiness,  at  the  ex- 
pence  of  the  Emperor,  but  could  only  be  used  by  those  em- 
ployed on  the  public  service,  without  a  particular  permis- 
sion notified  to  the  inn- keepers  by  a  diploma^  Piin-  ep-  x. 
14.  121.  The  Romans  had  no  public  posts,  as  we  have." 

The  first  invention  of  public  couriers  is  ascribed  to  Cy 
rus,  Xenophon.  Cyrop.  viii.  p.  496.  Edit-  Hutchinson'  Au- 
gustus first  introduced  them  among  the  Romans,  Suet. 
Aug.  49.  Plutarch.  Galb.  But  they  were  employed  only 
to  forward  the  public  dispatches,  or  to  convey  political  in- 
telligence, Plin-  ep.  X.  120-  It  is  surprising  they  were  not 
sooner  used  for  the  purposes  of  commerce  and  private  com- 
munication* Lewis  XI.  first  established  them  in  France, 
in  the  year  1474  ;  but  it  was  not  till  the  first  of  Charles  IL 
anno  1660,  that  the  post-office  Vv^as  settled  in  England  by 
act  of  Parliament,  Hapin,  vol-  2.  622.  fol.  ed.  and  three  years 
after  thp  revenues  arising  from  it,  when  settled  on  the  Duke 
of  York,  amounted  only  to  L. 20,000, 73.  680. 

Near  the  public  ways  the  Romans  usually  placed  their  se- 
pulchres ;  see  p,  523. 

The  streets  of  the  city  were  also  called  VI^E  ;  the  cross- 
sti-eets,  Vi^  TRANSvERSiE,  Cic-  Verr.  iv.  53.  thus,  Via  sa- 
QT^hyliorat.  Sat'  i.  9.  Nova,  Ovid.  Fast.  vi.  395,  &c-  pav- 
ed with  flint,  Juvenal,  iii-  270.  yet  usually  dirty^  Id.  247. 
Mart.  vii.  60.  6.  v.  23.  6. 

The  Roman  ways  were  sometimes  dug  through  moun- 
tains, as  the  grotto  of  Puzzoli,  Qrypta  Putcohna^  between 


632  ROMAN  ANTIQUITIES. 

Futeoli  and  Naples  ;  and  carried  over  the  broadest  rivers  by 
bridges,  {hena  facer  e  p  out  em  influvio  ;  fluvium  ponte  jun- 
gere^  vel  committere ;  pontem  Jlwvio  imponerey  indere  vel 
injicere)' 

The  ancient  bridges  of  Rome  were  eight  in  number :  1. 
Pons  SUBLICIUS,  vel  Mmilius^  so  called,  because  first 
made  of  wood?  (from  suhliccs^  stakes,  Liv.  i.  ^Z.)  and  after- 
wards of  stone  by  /Emilias  Lepidus;  some  vestiges  of  it 
still  remain  at  the  foot  of  Mount  Aventine  :  2.  Pons  FA- 
BRICIUS,  which  led  to  an  isle  in  the  Tiber,  (insula),  first 
built  of  stone,  A-  692,  Dio-  37.  45.  And  3.  CESTIUS. 
which  led  from  the  island  :  4-  SENATORIUS,  vel  Pala^ 
tinnsy  near  mount  Palatine ;  some  arches  of  it  are  still  standi 
ing  :  5.  Pons  JANICULI,  vel  -am,  so  named,  because  it 
led  to  the  Janicidum  ;  still  standing  :  6.  Pons  TRIUM- 
PHALIS,  which  those  who  triumphed  passed  in  going  to 
the  Capitol ;  only  a  few  vestiges  of  it  remain  :  7.  Pons 
iELIUS,  built  by  iElius  Hadrianus ;  still  standing ;  the 
largest  and  most  beautiful  bridge  in  Rome  :  8.  Pons  MIL- 
VIUS,  without  the  city  ;  now  called  Ponte  molle. 

There  are  several  bridges  on  the  Anio  or  Teverone ;  the 
most  considerable  of  which  is  Pons  Narsis,  so  called,  be- 
cause rebuilt  by  the  Eunuch  Narses,  after  it  had  been  de- 
stroyed by  Totila,  king  of  the  Goths, 

About  sixty  miles  from  Rome,  on  the  Flaminian  way,  in 
the  country  of  the  Sabines,  was  Pons  N a rniensis,  which 
joined  two  mountains,  near  Narnia,  or  Narni,  over  the  river 
Nar,  built  by  Augustus,  of  stupendous  height  and  size ; 
vestiges  of  it  still  remain,  one  arch  entire,  above  100  feet 
high,  and  150  feet  wide. 

But  the  most  magnificent  Roman  bridge,  and  perhaps  the 
most  wonderful  ever  made  in  the  world,  was  the  bridge  of 
Trajan  over  the  Danube  ;  raised  on  twenty  piers  of  hewn- 
stone,  150  feet  from  the  foundation,  sixty  feet  broad,  and 
170  feet  distant  from  one  another,  extending  in  length  about 
a  mile.  But  this  stupendous  work  was  demolished  by  the 
succeeding  Emperor  Hadrian,  who  ordered  the  upper  part 
and  the  arches  to  be  taken  do'.vn,  under  pretext  that  it  might 
not  serve  as  a  passage  to  the  Barbarians,  if  they  should  be- 
come masters  of  it ;  Dio.  Iviii.  13.  but  in  reality,  as  some 
writer*  say,  through  envy ;  because  he  despaired  of  being 


Limits  of  the  Empire.  663 

al)le  to  raise  any  work  comparable  to  it.  Some  of  the  pillars 
are  still  standing. 

There  was  a  bridge  at  Nismes  (Nemausum)^  in  France, 
Avhicii  supported  an  aquceduct  over  the  river  Gardon,  con- 
sisting of" three  rows  of  arches  ;  several  of  which  still  lemain 
entire,  and  are  esteemed  one  of  the  most  elegant  monuments 
of  Koman  magnificence.  The  stones  are  of  an  extraor- 
dinary size,  some  of  them  twenty  feet  long ;  said  to  have 
been  joined  together,  without  cement,  by  ligaments  of  iron. 
T  he  first  row  of  arches  was  438  feet  long  ;  the  second,  746  ; 
the  third  and  highest,  805  ;  the  height  of  the  three  from  the 
water,  182  feet. 

In  the  time  of  Trajan,  a  noble  bridge  was  built  over  the 
Tagus  or  Tayo,  near  Alcantara  in  Spain  ;  part  of  which  is 
still  standing.  It  consisted  of  six  arches,  eighty  feet  broad 
each,  and  some  of  them  200  feet  high  above  the  water,  ex- 
tending in  length  660  feet. 

The  largest  single  arched  bridge  known,  is  over  the  river 
Elaver,  or  AUier,  in  France,  called  Pons  veteris  Brivatisy 
near  the  city  Brioude,  in  Avergne,  from  Briva,  the  name  of 
a  bridge  among  the  ancient  Gauls*  The  pillars  stand  on 
two  rocks,  at  the  distance  of  195  feet.  The  arch  is  eighty- 
four  feet  high  above  the  water. 

Of  temporary,  bridges,  the  most  famous  was  that  of  C^^ 
sar  over  the  Rhine,  constructed  of  wood,  Cits.  B-  G.  iv.  17. 

The  Romans  often  made  bridges  of  rafts  or  boats  joined 
to  one  another,  des.  B-  G.  i.  12.  viii.  14.  jFlor.  iii.  5.  and 
sometimes  of  empty  casks  or  leathern  bottles,  Herodia?i, 
\\\\,  Zozim.  iii.  Liicari.  iv.  420.  as  the  Greeks,  Xenoph>' 
Cur-  iii. 

LIMITS  OF  THE  EMPIRE. 

^■^HE  limits  which  Augustus  set  to  the  Roman  empire, 
-■-  and  in  his  testament  advised  his  successors  not  to  go 
beyond,  Tacit.  Ann.  i.  U.  Dio.  Ivi-  33.  &  41.  were  the  At- 
lantic Occim  on  the  west,  and  the  Euphrates  on  the  east ; 
on  the  north,  the  Danube  and  the  Rhine  ;  and  on  the  south, 
the  cataracts  of  the  Nile,  the  deserts  of  Africa  and  Mount 
Atlas  ;  including  the  whole  Mediterranean  sea,  and  the  best 
part  of  the  then  known  world-  So  that  the  Romans  were  ijot 
mthout  foundation  called  Re  rum  dominj.  F:rg.  Mn^  h 

4N 


o34  ROMAN  ANTIQUITIES. 

282.  and  Rome,  Lux  orbis  terrarum,  ATq_uE  arz 
OMNIUM   GENTIUM,  Ctc»  Cat.  iv.  6.    Terrarum  dea 

GENTIUMC^UE    Roma,     GUI    PAR    EST    NIHIL,  ET     NIHIL 

SECUNDUM,  Mart.  xii.  8.  Caput  orbis  terrarum,  LiV' 
i.  16.  xxi-  30  Caput  RE  rum,  Tacit,  hist,  ii-  32.  LiV'  L 
45.  Domina  Roma,  HoraU  od.  iv.  14,  44.  Princeps  ur- 
bium, /</.  iii  IS.Regia,  Ep.  i.  7.44-  Pulcherrima  re- 
rum,  Virg.  G.  ii.  534.  Maxima  rerum,  yEn.  vii-  602. 
See!  qua;  de  septem  totiim  ctrciimspicit  orbem  montibus^ 
imperii  Roma  deumque,  i.  e.  principum  v-  imperatorum 
LOCUS,  Ovid.  /rw^i.  4.  69.  Caput  MuNDi  rerum(^uf. 
POTEST  AS  Lucan.  ii.  136.  Septum  urbs  aitajugis,  toto 
qjjj'E  PR^siDET  oRBi  Pfopert.  iii.  11-  57. 

Agreeably  to  the  advice  of  Augustus,  few  additions  were 
made  to  tlie  empire  after  his  time-  Trajan  subdued Dacia, 
north  of  the  Danube,  and  Mesopotamia  and  Armenia^  east 
of  the  Euphrates,  Eutrop.  viii.  2.  The  south  of  Britain  was 
reduced  by  Ostorius  under  Claudius,  and  the  Roman  domi- 
nion was  extended  to  the  frith  of  Forth  and  the  Clyde,  by 
Agricola,  under  Domitian,  Tacit.  Agric.  23.  But  what  is 
remarkable,  the  whole  force  of  the  empire,  although  exerted 
to  the  utmost  under  Severus,  one  of  its  most  warlike  princes, 
could  not  totally  subdue  the  nation  of  the  Caledonians, 
whose  invincible  ferocity  in  defence  of  freedom,  (devota 
MORTi  PECTORA  LiBERM^  Horat.  od-\\^  14.  18.)  at  last 
obliged  that  emperor,  after  granting  them  peace,  to  spend 
near  two  years  in  building,  with  incredible  labour,  a  wall  of 
solid  stone,  twelve  feet  high,  and  eight  feet  thick,  with  forts 
and  towers,  at  proper  distances,  and  a  rampart  and  ditch,  from 
the  Sol  way  frith,  to  the  mouth  of  the  Tyne,  above  sixty- 
eight  miles,  to  repress  their  inroads- 

.  The  wall  'of  Severus  is  called  by  some  Murus,  and  by 
others,  vallum.  Spartianus  says  it  was  80  miles  long,  bi 
vita  Severi,  18.  &  22.  Eutropius  makes  it  only  32  miles, 
viii.  19.  See  also  Victor,  Epit.  xx.  4.  Orosius,  vii.  17.  He- 
rodian,  iii.  48.  Beda,  Hist.  i.  5.  Cassiodorus,  C/irotiicon. 
Cambden,  p.  607.  edit.  1594.  Gordon's  Itinerary,  c.  7. 
— 9.  p.  65. — 93.  Gough's  translation  of  Cambden,  v.  iii. 
fl.211. 


LATIN  INDEX 


OP 


WORDS  AND  PHRASES. 


A 

Page 

Abacus 

476 

Abalienatio 

58 

Acapna 

574 

Acceiisiis 

U7 

168 

Accensi          U3, 

191 

366 

Acceptilatio 

547 

Acetaria 

580 

Acies  instnicta 

400 

414 

Acroamata 

S39, 

489 

Acta  (liurna,  &c. 

19 

Actio  in  rem 

245 

246 

ib. 

— —  institioria 

254 

255 

— —  noxalis 

258 

' 

tb. 

ingrati 

258 

■    ■    ■  bonae  fSdel 

259 

• sepulchri  violati 

5  S3 

Aetiones  empti,  & 

c 

253 

l^^;„ 

119, 

224 

legis 

Acta  Caesarls 

205 

Actionem  edere  et  pos- 

tulare  243 

Actor  242,  583 

Actus  56,  549,  586 


> legitirai 

Actuarii 

Adflictus 

Adjmere  equiira 

Adimere  claves 

Ailjudicatio 

Ad'.nissionales 

Adoptio 

Ad  pilcum  vocare 

Adrosatio 


1§9 

188,  562 

499,  267 

30 

511 

60 

573 

53 

45 

53,  84 

Adversaria  284,  555 

Advocati  280 

Adytura  351 

jEfiitui  343 

.^lililesplcbeietcurules  153 


;E.lilitii 

127 

JEneatores 

406 

JErarium 

157 

•  ■■          facere 

137 

JEs 

536 

—  rude 

535 

■ —  grave 

537 

JLatHTiatio  litis 

220 

Jilas  Senatoria 

i 

A  Paife 

Agaso  600 

Agere  cum  populo         149 
Agercr  forum  v.    conven- 
tiis  173 

Agere  actum  268 

Agger  402,  428 

Agitator  600,  611 

Agmen  407 

Agnomen  35 

Agnati  34,  50 

Aijoniilia  359 

Aibum  129,  239,  276 

senatorium  7 

Ala  395,  399 

Alae       395,  400,  409,  569 
Aiea  &  -tores  498 

Alio  die  95  96 

Aiiptae  481 

Aluta  456 

Alvei  430 

Amanuensis  562 

Arabai-vales  331 

Ambitus  S7,  229,  236 

Ambulacra  479 

Amenta  455 

Amptheatrura  374 

Ami)liora  ■  494,  550 

Amphorae  494 

AiApliilialio  288 

Ampulla  481,  494 

Anaguostae  489,  563 

Anatocismus  546 

Ancliora  438 

Ancile  299 

Ancipitia  muuimenta    4i!6 
Angi|)oi'tus  57 

Animadvertere      118,  I4l, 
191 
Animadversio  censoria  141 
Anima  513 

Annates  314 

Annuli  4€4,  513 

Anquisitio  272 

Antae  569 

Anteambulones  490 

Antennae  436 

Antepagmentn  567 

Antes  596 

Antesignani  412 

Antestari  242 


AnticuiD 


:c.9 


A  Pag- 

Antiquare  legem  HH) 
Antlia                     435,  COS 

Apophoieta  61 

Aplustre  435 

Apotheca  563 

Api)ai  itores  1 8S 

Appellatio  269 

Aquarii  C2? 
Aquaeductus            56,  480 

Aquila  412 

Aia  et  altare  351 

' —  sepulcliri  52-5- 

Ar.'itruni  585 

AiHtorcs  58a 

Arbiter  259 

— — —  bibcndi  49G 

Arbitrium  514. 

Arborcs  caeduae  596 

Arcera  COG 

Archiniimus  520 

Arcturus  607 
Arcbns  Triumphalea    625 

Area  592 

Area  Sc  Ager  56 

Arena  374 
Argentavii     536,  546,  632 

Argenlum  539 

Aries  428 

Arma  et  tela  39C 

Armamenta  437 

Armaria  565 
Armillae                417,  4(a 

Ai-oroata  482 

Anha  v.  anUabo  252 

Arrojiatiu  53 

AruiiiJo  571 

Aruspices  326 

Arvum  58* 

Arx  617 

As  534 

Ascripti  glebae  48 

Asserlor  247 
Assessores     132,  173,  276 

Asseres  602 

Assiduus  582 

Asiraea  302 

Astrologi  324 
Apyluin                    46,  617 

Assyrobolus  465 

Athenaeum  618 

Atbletae  303 


6S6 


LATIN  INDEX, 


Page 

Atria  auctionarla  60 

Atriensis  488,  574 

Atrium  v.  aula  569,  572 

Attalicae  Testes  475,  572 

Audio  59 

Auctor  249 

^ legis  93 

' seotentiae  17 

Auelores  juris  201 

Auctoraraenturn  372 

Auctoritas  60 

— — senatus      13,  22 

Auditores  203 

Augures  317 

Aulaeura  388,  475 

Aureus  538,  542 

Auriga  368, 611 

Auspicia  94,  318 

Autographus  558 

Auxiliares  394 

Avena  590 

Aventinus  mons  613 

Axis  608 

B 

Balistae  428 

Balneum  481 

Barbati  466 

Basilica  133,  622 

Batillum  591 

Batueie  os  456 

Bellaria  487 

Bc-iieficiarii  404 

Bibliocheca  565 

Biblos  552 

Bicliniura  474 

Bidental  516 

Bigae  603 

Bigati  nummi  538 

Bissextilis  357 

Bolis  438 

Bombyces  463 

Bona  vacantia  82 

BrftcNia  436,  443 

Braccae  445 

Buccina  406 

Bulla  448 

Bule  et  Buleutae  80 

Bustuarii  526 

Bustum  524 

e 

Caballus  600 

Caducum  228 

Caeritura  tabulae  137 

Caius,  &  -a  507 

-Calamus  554 

Calcar  610 

Calcei  455 

Calendariura  548 

Calculi  498 
Calculus  Minervae        287 

Calices  495 

Caligae  397,  456 

Caloues  403 

Calumnia  225,  5^68 

Calu  m  niam  jurare  26  5 

Caraarae  436 


Camini 
Campestre 
Campus  Martius 
Candidati 
Canes  v,  -iculae 
Cantherium 
Capillamentum 
Capistrum 
Capitalia  Judicia 
Capite  censi 
Capitolium 
Capsaet  -ai'ius 
Capulus,  &  -aris 
Caput  porcinuia 
Caput  extorura 

V.  sors 

Cardinales  venti 
Career 
Carceres 
Cardines 
Carnifex 
Carpeutum 
Carruca 
Carrus 
Castella 
Castra  raovere 
.  JEstiva 


Fage 

574 

369,  450 

621 

91,  157 

497 

597,  600 
468 
611 
270 

88,  105 
616 
558 
518 
414 
348 
545 
599 
290 
366 

598,  608 
192 
604 
605 
606 


Hyberna 
stativa 


Catapultae 
Caupones,  &  -nae 
Causa  sontica 
Causae  conjectio 
Causarii 
Cavea 

Cave  can  em 
Celeres 
Cenolaphium 
Ceiisere 
Censi 
Census 

— — —  seuatorius 
capitis 


40G 

401 

ib. 

ib. 

428 

631 

272 

265 

392 

375,  388 

568 

28,  115 

512,  532 

14,  16,  138 

237 

85 

6 

76 


Centumviri  159,  260 

Centuriae  85,  582 

Centuriones  398 

Cera  prima  et  extrema   63 


Cerasus 

Cerberus 

Ceres 

Ceroraa 

Cervi  &  Cippi 

Charonitae 

Charta  Augusta,  Clau 

dia,  &c. 
Chirothecae 
Chirodotae 
ChirographHS 
Chlamys 
Choi'us 
Ghoragus 
Cicatrix 
Cinctus  GabinUs 
Cingulum 
Ciuiflones 
Cipphua 


584 
309 
295 
369 
427 
44 


553 

457 

450 

557 

400 

383 

ib. 

597 

78 

451 

459 

523,  528 


Circcnae 

Circi 

(3ircutiorcs 

Circumserii)tio 

<Jircus  Maximus 

Cisium 

Civitates  fffideratae 

Clarigatio 

Classes 

Classicarii 

Classici 

Classis 

Claves 

Clepsydra 

Clientes 

Clitellae 

Cloacae 

Cloacina 

Clypeus 

' Minervae 

Coactores 


474 
620 
405 
147 
365 
605 

81 
390 

85 

439 

88,  4.39 

441 

563 

265,  406 

33 
GOO 
57,  308,628 
308 
397 
489 
190 


Cochlea  &  -ayea  487,     579 


Codex 
Codicilli 
Ccelius  mons 
Cffimptio 
Cffina 

recta 

— —  riuptialis 

Coeiiacula 

Coenaculum 

Coercitio 

Cognati 

Cognomen 

Cognitiones 

Cognitores 

Cohors  Praetoria 

Collishortulorura 

Collagium 


239,  560 

66,  559 

614 

501 

469,  485 

490 

508i 

57 

473 

393 

34,  50 

35 

242 

280 

412 

615 

310,  330 


Coltimna  rostrata  422,  624 


Coloni 

Coloniae 

Colum 

Columnae 

Colus 

Camoedia 

Commentarii 


582 
78,-  79 

492,  495 
624 
570 
381 

315,  559 


Comperendir»atio  263,  287 


Comissatio 
Comitattus 
Comitia 

Calata 

Centuriata 

Ciiriata 

— Triliuia 

Comitiati  Tribuni 

Comitium 

Coinitiales  dies 

Commissiones 

Compromissura 

Conciliabuia 

Concilium 

Conclamarc 

Conclave 

Conditores  juris 

Condictioncs 


471 

171 

82 

84 

85,  89 

62,  83 

103 

206 

83 

82 

618 

263 

SI 

83 

513 

574 

20t 

^0 


LATIN  INDEX. 


627 


Page 
Confarrcfllio  500 

(t^ongiariuin  450,  55U 

Congius  et  -larium  550 
C'onjuratio  392 

CoJinubium  50 

CoiKiuisitiires  S93 

Consccratio  534 

Coiisuiilcsdii  302 

Consuhires  127 

Oonsiliaiii  173,  265 

(Joiistiuitiones  '«7,  'J38 

Ca/i8ii!cs  siitrccti  127 

lioiioi-.uii  ib. 

Coiituberuium  39,  50,  502 
Contiiberniiles  39,  17'^,  4u4 
Coiivenifc  2G2 

Ck)iiveritus  173,  500 

Cooptare  li5 

Coquus,  carptor,  kc.  4S7 
Con.u  40C 

CoiMua  velorum  436 

— poll  lis  443 

Corona  civica  415 

vailaris,  &c.       4lC 

CoroMa  cingere  426 

Coronarc  pocula  496 

Coronorium  aurum  175 
Corpus  juris  130,  240 

Corrigia  455 

CoiTi  44+ 

Corymbus  598 

Coiliones  443 

Cothurni  383,  456 

Covinus  605 

Crater  494 

Crepidae  455 

Creta  236,366,  56 1 

Crelati  pedes  38 

Cre^io  haereditatis  66 

Crocota  464 

Cryptoporticus  479 

Cvustae  495 

Cubicula  574 

Cubitus  548 

Cucullus  453 

Cudo  458 

Cuicus  551 

Culina  572 

Culmen  565 

Cuneus  4l4 

Cunci  375 

Cuniculus  429 

Curiae  1,  9,  621 

Curioncs  1,  332 

Cunilusmagistratus  C04 
Currus,  v.  -llcula  ib. 

Cuslodes  100 

Custoiliae  405 

CvaUuis  4S5, 550 

C'yclas  447 

D 

Dactylotheca  464 

Deci  malic  424 

J)eceniviri   litihus  judi- 

candis  157,  159,  261. 


Page 

apris  divic 

cndis  169 

Decemviri 

109,  167 

Dceimanilimites 

598 

Dicimanus  fluctus 

ib. 

Dec  re  la 

19,  238 

Dccollare 

455 

Decuinac 

69 

Decuriones 

79,  399 

Decurrciv 

406,  525 

DccussMtio 

597 

IJidie  et  in  diem  \  ivcre  470 

Dedilitii 

38 

l)e<luctores 

92,  214 

Uelectua 

390 

Dell  rare 

587 

Denarius 

537 

Depontani 

99 

Deportatio 

71,  291 

Diposiins 

513 

Designati 

103,  120 

Desi^.iator 

519 

Desgnatores 

370 

Desultores 

•   COS 

Deiestatio  saciorura        84 

Dtxter  St  sinister 

322 

Diaeta 

575 

Diarium  servoinira           42 

Dictator 

109,  162 

Dicam  scribere 

244 

Dieacesis 

16! 

Diemdicere  et  prodicere  94, 

'/71 

Diesintercisi 

195 

292 
358 

. Civilis 

Comitiales       82 

Fasti   et  nefasti 

129, 

199,  200 

■ —  Festi 

359 

• —  Justi 

268 

■ —  Profesti  359,  304 

Diffareatio  500,511 


Digesta 

Digitus 

Dii  majorum  gentium 

—  niiiiorum  gentium 

Dimensuni  serrorum 

Djminutio  capitis 

Dianione 

Dioscuri 

Diphthera  Jovis 

Diploma 

Dirae 

Diribi  tores 

Diriinere  sufTragia 

Di  scalceati 

Disputatio  fori 

Dius  Piiiius 

Diversoria 

Diverticula 

Divinatio 

Divisnres 

Divortiura 

Dixi 

Do,  dieo,  addico 

Dolium 


239 

548 

293 

306 

42 

72 

80 

367 

554 

560 

323 

100 

ib. 

455 

201 

305 

631 

630 

320,  &c. 

92 

509 

285 

129 

492 


Page 
Domini  55S 

insularum  57" 

DfiHjinus  48,  501,  558 

Domicilium  Jovis  GoS 

Dominium  45,57,61 

Domus  Sc  Insula       57,  5Gfi 
Doiiativuin  r,50 

Dona  et  MuRei-a      Gl,  525 
Dos  502 

Dossuuria  600 

Drachma  540 

Ducenarii  I7g 

Ducere  uxorem  507 

Ductu  et  auspicio  400 

Duplicarii  4IS 

Duumviri  79,169,270,274 

E 
EcclcsJa  80 

Etuleus  282 

Edict  a  9,  27, 129,  238 

Ediiiiii  Juilices  281 

E'iiinr  Gladiatorura        371 
Edulia 


Elogium 

Kiiian'jipatio 

EmtileiT.ata 

Emeriti 

Emplastratio 

E!i.j)tiuperaesctii%rain 

52,  62 
sub  corona 


48G 
64 
52 

495 

393,  425 

595 


38,  59 
309 

51 
397 
433 
161 
26,  560 
533 
508 

2S 

41 
614 
605 
52S 
430 
394 
426 

54 

405,  5G9 

253- 

254 

406 

Eximere  diem  dicetido   14 


Entlromis 

Ei'.uptio  gentes 

E;)hippia 

Epibalae 

Episcoi)us 

Epistola 

Epitaphium 

Epiihalamium 

Equites 

Ergastuhim 

Esquiliiius  mons 

Essedum 

Evcrrae 

Evocare  deos 

Evocati 

Exauctoratio 

Exauguratio 

Excubiao 

Except  ioncs 

Exercitornavis 

Exercitus 


Exilium 

Exodia 

Exomis 

Exoslra 

Exsequiae 


r 


Faba 

Fabri 

Faces  nuptiales 

Faces  funebrfs 

J'aciiones  aurigarUm 

S-'amJliae 


291 
380 
46f 
388 
516 


590 
86 
506 
519 
3Gg 
34,50 


€3S 


LATIN  INDEX. 


JPage 
Familiae  enaptor  62 

— — —  mancipatio'         ib. 
Fai-  500, 589 

Fabcinus  308 

Fasces  k  secures  115,  ll6 
Fasciae  454 

Fasti  Kalendares  313 

Fastigium  576 

Fata  303 

Faunus  307 

Fecmles  332, 389 

Fcrainalia  454 

Fenestrae  577 

Feixala  488,  601 

Feretrura  518 

Feriae  359 

Ferreae  soleae  457 

Fescennini  versus  370 

Fibulae  417,  453 

Fidel  eommissura  64 

Fjduciarius  pater  51 

haeres  65 

Filum  572 

Fiscus  157 

Fiagellntn  609 

Flaraines  333 

Fltunineum  505 


Flora 

^08 

Focalia 

454 

Focus 

573 

Fooiium 

591 

Foenus 

545 

Follis 

478 

Fora 

SO,  621 

Forensla 

451 

Fori 

438 

Forma  provinciae 

75, 

Forum 

S3,  402 

Forus 

497 

Fraenum 

610 

Fi-itillus 

497 

Fiutiecs 

594 

Fueus 

460 

Punales  equi 

609 

Funambuli 

385 

Fundi                 50, 

73,  217 

Fiinditores 

396 

Funcra 

516 

Funes 

•438 

Fuiiws 

519 

Furca 

40,  600 

Furcifcr 

40 

Furiae 

303 

Furtiim  concepturn      204, 

256 

Fasus  570 

Fustuarium  424 

G 

tiabinus  ciuctus  78 

Galea  286 

f  ialerus  458,  468 

Galli  S37 

Gallia  togata  48 

Gausapa  454, 477 

Gemmae  464 

Genius  C>04 


Page 

Gentes  34 

Gentiles  34, 50 

Gestatio  479 

Gladius  et  hasia  132 

Globus  vel  orbis  415 

Glutinatores  562 

Gradus  militaris  407 

Graphium  554 

Giatiae  298 
Greges  et  armentadist. 

S93 

Gubernaculura  435 

Gubernator  440 

Gustatio  485 

Guttus  481 

Gymnasium  369,  621 

Gynaeceum  574 

Gypsatus  38 

Habenae  610 

llabe  tibi  tuas  res  511 

Haedi  611 

Haeredes  ascendeutes,  &e. 

66 
riaeredium  582 

Ilaeres  ex  asse,  semissc,&c. 

67 
Harpagonis  444 

llarpastum       •  478 

Hai'uspices,&  -inae  S26, 348 
llastati  395 

Helciaiii  441 

Heliocarainus  575 

Helix  442 

Herciscere  familiam  62 
Hermae  3»0 

Hetaeriae  216 

Hesaphorum  518 

Hescres  432 

Histriones  079 

Holocaustum  347 

Honorarium  174,  195 

Houorati  131 

Hordeura  589 

Horreum  592 

Horti  580 

Hospitium  4'84 

Hostes  48 

Hyadcs  61 1 

Hybridae  503 

Hypogaca  532 

Hypodidasculus  558 

Idus  555 

Igniobiles  5i 

Iguomiiua  291 

Ilicet  528 

Impluvium  574 

Iraperator  24,111, 175,182, 
415 
Imperium  84, 112,  176 
Inducere  seHalusconsnltura 
16,  25 
loauguratio  54,  319,  &c. 
Inaures  461 

Inceudiatij  JJS 


Incestus  504. 

Incilia  584 

Inciti  498 

lucudi  reddere  versus  555 


Indietio 

76 

Indigetes 

SOB 

Inducere  nomen 

63 

Indusium 

453 

Infames 

7,256 

Interiae 

529 

Infulae 

331 

Ingenui 

37 

Injuriae 

257 

Inoculatio 

ib 

In  ^"ocincta 

6-3 

Iquilinus 

57,  250 

Insitio 

595 

Insulae 

57,  566 

Instita 

446 

Institorcs 

62S 

Instiiuta 

240 

Intestabiles 

283 

Intercessio  tribunorum  13, 
96, 147 
Interpretes  92 

Inteirex  prodel)atur90,109 
Interregnum  115 

Interdict  a  1?2 

Iselastici  ludi  370 

Iter  50 

Janiculum  614 

Jani  templum  619 

Janitor  567 

Janua  «'5. 

Janus  302 

Jentaculum  471 

Judex  quaestiowis  275 

Juriicem  ferre  262 

Judices  133,  250,  275 

— i .  Pedanei  264 

Judicera  ferre  ei  362 

ejerare  ib- 

Judiciae  241 

Jugerum  549,  586 

Jugum    57S,  585,  597,  C09 


Jumentuui 

242 

Jxmiores 

86 

Jurare  in  leges 

11 

4,  206 

Jurece.ssio 

58 

Jurisdictio 

2il 

Jurati  homines 

281 

.lusjni-andum 

264 

Jus  JElianum, 

Flavianum, 

&c. 

200 

—  applicationis 

82 

—  census 

68 

—  civitatis 

47 

—  honorarium 

131 

—  honorum 

70 

—  imaginum 

33 

—  Italicura 

74 

—  Latii 

72 

—  militiae 

68 

—  Quiritium 

48 

—  relationisprioaae, 

&C.14 

---  sacrorum 

:t 

LATIN  INDEX. 


Page 
-"^ifiragii  47,  70 

• —  tributorum  68 

—  tniirn  lil)croiiim  227 
.»U9  J<  Lex,  &CC.  194 
.Tusta  fuiitbria  51 G 
.fustiiium  5;^0 
Justus  cquUutus  ;>95 

K. 

K.aleii(lae  S55 

bL&k-iuliU'cs  fitsU  313 

L 
Laceni:*  453 

Lacus  49'2 

Laena  4S4 

Laaa  570 

Lanista  37*2 

Lapsus  rotai-urn  442 

Laqucaria  678 

l,ares  305,  500,  522 

Larvae  523 

I.atafundia  594 

Laliiiitas  7'2 

Latus  tlavus  7, 452 

Laudasio  285, 521 

Laureatae  foi'cs  5CS 

Lauturuiae  290 

Leeticae  518,  COl 

Lectistcrniurai  346 

Lectus  474 

■I  ■■    i      fanehris  515 

Lcgati  171, 400 

Caesaris  177 

Legatio  libera  22,  171,  213 
Lege  agere  242 

Leges  Ciiriatae  167 

•^ —  duodecim  tabularum, 
1G8,  193,  199 
■    I  Regiae  1G7 

Tabellariae  99 

Legem  ftiTf,  kc.  9S,  101 
Legiones  1 

Legitirui  liberi 
Leguleius 
Lex  aiinalis 
-*-  CuriatH 

—  Regia 
Libatae  dapes 
Ljbatio 
Libelli  Imperatoris   ^,  238 

559 
Libellus 
Liber 
Liberalia 
Liberi 

Libtrti  et  Libertini 
Libitiiiarii 
Libra 

Libraria  et  -um 
Librai'ius 
Librator 
Libripcns 
Liceri 
Licitator 
Licia 
X^  tores  J 


300,  395 
503 
24-i 
113 

84 

27 

483 

347 


27a 
552 
360 

37 
6,37 
514 
534 
563 
558,  502 
627 

52 
251 

ib. 

571 

H5,  190 


585 
•V55 
555 
593 
234,  2.'6 
570 


Ligo 

I'igalac 
Liiiiae  labor 
Limitcs 

— agrorum 

Liiiteoncs 

Liniun  590 

Lira  586 

l.irai-e  ib, 

Litave  529 

Litera  tristis  286 

Litcra  salulaiiT  ib. 

Literae  fWJO 

Litigatorcs  244 
Liluus                      321,  406 

Litis  contestatio  263 

Lixae  403 

Locuples  582 

Lodi.v  474 

Lorica  397 
Luccres                     28,  103 

Liictus  530 

Liigubria  sumere  531 

Ludi  Circerises  365 

->—  sceuici  379 

seculares  365 

— —  stati  ib. 

Ludns  Trojae  37(t 

Luiia  304 

Luperci  336 
Lustmm                      7, 88 

. eondere       88^  142 

:M 

3Iace'.lum  623 

Macrocolla  553 

Maeniauum  SGO 

Magister  collegii  3'J9 

<—  equitum  1C6 

— ^ societatis  29 

Magistratus  111 
Magistatis  crimen  134,  174, 
2£54 


Malleoli 

Malus 

Manceps 

Mancipatio 

Manctpia 

jMaiicipi  res 

Mandata 

Manes 

Mangones 

Manipulus 

Matislo 

Manuleatus 

Manumissio 

Maniim  conserere 

Maims  injcutio 

Mappa  ct  mantile 

Marga 

Margaritae 

Marginari 

Maritare  oi'dines 

Marsiipium. 

Mastigia 

Matroiiac 

Mausolcmn 


5Q5 

436 

55,69 

58 

38 

55 

238 

52-2,  526 

38 

305 

401,  631 

451 

44 

247 

245 

477 

58t 

56,  461 

C29 

227 

451 

40 

602 

531 


639 

Pa 

IVIedimnus  5gc 

Medicare  fuco  570 

^lediiistinus  40 

Mumbruiia  555 

Mi.nsae  475 

Mepbitis  30S 

Mcrc'jnai'ii  'iO 

Mcranda  471 

Metao  366 

Metatores  401 

Metropolis  ICI 

Militares  tribuni  10^ 

MiliariuDi  549 

■ —  aureuin  629 

Mimiis  385 

Mina  5+0 

Ministri  343,  48S 

Mermillones  375 

Alissio  honcsta 

igaoniinioso,  &C 

Missus 

jMicare  digitis 

Mitrae 

Mittcrt  mappam 

Moriius 

Mon»ta 

Moiiilia 

Monopodium 

Morbis  comitialis 

Mors 

Movere  e  senatu 

e  tribu 

Mulcta 
Muli  Maiiani 
Mulio 
Mulsum 


425 

ib, 

3GS 

499 

460 

36& 

438 

540 

461 

476 

96 

£91,304 

137 

ib. 

290 

601 

611: 

485 
Multaiitium  argeiitum  155 


45  S 
371 
47,  7r 
371 
301 
564 
493 


^fundusinuliebris 

Murierarius 

Mutiicipia 

Munus  gladiatorium 

Musae 

Museura 

Mustum 

N 

Naenia  Sift 

Nardum  482 

Nauclerus  440' 

Nauraachia  371, 621 

Nautae  439 

Navales  socii  ib: 

Navis  inagister  25* 

i exercitor  ai- 

Navicularium  facere      440 
Navalia  4S9, 443 

Naves  sutiles  431 

actuarjae  433 

caudicariae  4:31 

Liburnae,  &c.         43S 

loiigae  etonerariae43'2 


tectae 
Navarclii 
Nexi 

Nobiles  k  Novi 
Nonicn 
Nomc.nchtor 


436 

440 

49,  228 

3.> 

41 

»2 


640 


LATIN  INDEX. 


Page 

Nomina  facere  547 

Nonae  355 

Notari           188,  557,  562 

Notae  188,  '200 

2!ifovae  tabulae  50 

!Novalis,  V.  -e  5S7 

IKovellae  240 

?Joveu(liale  5'29 

Nubere  505 

JJuces  spargere  509 

Nnbilariuin  592 

Nunimus  537 

Nummulani  546 

Nuntiatio  95 
Nuiicupatio  testamenti    62 

^fundinae          91,  217,  356 

Nnptiae  499, 502 

Nymphae  298 

Kymphaeum  620 

O 

Obaerati  49 

Obnunciare  95 

Obolus  515,  540 

Obrnssa  539 

Obsirigilla  456 

Ocreae  397 

Octophoros  602 

Odeum  620 

Officium  121, 507 

CEnopolium  491 

Officina  563 

Onus  militum  407 

Opera  una,  &c.  587 

Opistographus  556 

Optimates  34 

Optiones  399 

Oraculum  324 

Oram  solvere  438 

Orcliestra  8,  389 

Orcini  senatores  44 

Ordines  remorum  432 

Oscines  95, 320 

Ostia  443 

Ostiarius  567 

Ostracismus  285 

Ova  367 

Ovatio  422 

Ovile  99 


Paedagogi 

Pagani 

Patangae 

Palestrae 

Palatium 

Palea 

Pales 

Palilia 

Palmus 

Palimsestos 

Palla 

Palladium 


40,  558 

71,79 

442 

370,  621 

C13 

593 

308 

1,361 

548 

555 

446 

294 


Paludanieutiim  400 

Palus,  V.  -aria  406,  478 

Palarcvites  596 

PaiKJratiastae  021 

Pajidectao  239 


Page 
Pantheon        343, 577,  6l7 

PantOiuimi  384 

Papyrus  552 

I'arasanga  549 

Parapherna  50 i 

Parasemoa  534 

Parentalia  529 

Parricidae  212,  293 

Partes  navis  436 

Partiai'ii  582 

Passus  •    549 

Patibulum  193 

Patres   njinonim  et  niajo- 

rum  gentium  2 

— —  Conseripti  3 

Patricli  2 
Patrimi  &  niatrimi        500 

Patroni  33,  280 

Pausariiis  441 

Pavimeiila  578 

Peeuarius  69 

Pcc1.cn  571 

Peciilatus  174 

Peculium  42,  51 

Pecunia  535 

Pedanei  judices  264 

Pedari!  senatores  17 

Pedes  velorum  435 

Pegmata  376 

Penates  305 

Pentathlum  369 

Peniila  454 

Perduellio  89 

Peregiini  48,  81 

Pergameiia  553 

Perisce'.is  455 

Perones  455 

Per  aes  et  libram  52, 62 
Peremptoriura  edietum  131 

Pes  549 

Petasus  458 

Petauristao,  385 

Petitor  242 

Petorriluni  605 

Pharos  443 

Pila  478 

Pilani  395 

Pileiitura  604 

Pileus  458 

Pinatheca  573 

Pistfinum  41 

Pktacia  494 

Plagiarii  214 

Plaustrura  606 

PInusus  386 

Plebiscita  i06, 193 

Plebs  31 

Pleiades  61 1 

Plutei  429 

PorculeU  598 

Pocula  494 

Podium  375 

Pocnae  militares  4  ;'3 
Polliceni  premereet  vcri"' 

re  378 

Pellifictores  514 


w 

Pags 

Pomaeriura 

78i  616 

Pomona 

308 

Pondo 

543 

Pontes              99,  225,  63i 

Pontifex  Maximus 

311 

PontiSces 

310 

Popae                      343, 347 

Poppaeanum 

460 

Populares 

34 

Popnli  Fundi 

73 

Populiscila 

193 

Porea 

586 

Porta 

■    78 

Portac  castroram 

^03 

— -»-  Romae 

615 

Povticus                 479,  62.3 

Portisculus 

441 

Portitor 

69,  309 

Portorium 

id. 

I'ortus 

443 

Posca 

425 

Postieum 

569 

Postliminium 

72 

Postulationes 

241 

Potestas 

84, 112 

Potitii  et  Pinarii 

337 

I'raefectus  annonae 

!         161 

_  -,^    , 

62s 

Celerum 

115 

— — i blassis 

162 

'    .    ■ —  raorum 

143 

160 

'     '    '  vigilum 

162 

.  Urbi,  &c, 

159 

Praeceptor 

55S 

Praecinctus 

451 

Praec»nes 

189 

Praedes 

69,  -71 

Praedia  libera,  &c. 

55 

— — —  urbana 

ib. 

^ ,,,    „^„„„«J«    t^ r 

133 

Praefecti 

400 

Praefecturae 

80 

Praeficae 

519 

Praemia  militaria 

415 

Praepetes 

95,  320 

Piaeuomen 

35 

Praerogativa 

97 

Praetoi-es        112, 

116,128 

Praetorii 

127 

Praetorianorum  castra  615 

Praitorium 

402 

PraevaricalJo 

l'S8,  587 

Prandium 

470 

Prata 

591 

Prelum 

492 

Pi-ia])us 

304 

Princepssententiae 

IT 

Princeps  Juventutis         31 

Senates 

3,181 

Priricipes 

395 

Pnucifna 

403 

Principittjn 

83 

Pfivat* 


;t3*,  31.C 


LATIN  INDEX. 


Page 
I'rivilegiu  27,  JJS 

Pi-ocurutores  26.'?,  280,  583 
Processus  Consularis  121 
rioletsrii  88,  105 

Proraulsis  'i80 

PropagiiiL-s  505 

Pi-opugiiacula  437 

Prorata  441 

Proscenium  389 

I'roscriptio  21 1 

Proiiiiciac  75,121,  170 
Provocutio  49,  147 

Psiloilnum  408 

Publicani  29, 09 

Pugillares  557 

I'ullarius  321 

Pulmentum  471 

Pulpituin  389 

Puiiciiiu  petere  ct  caesim 
377 
Pupae  509 

Purpura  463 

Puteal  264 

Pyra  524 

Pvrriche  335 

Q 
Quadrigae  603 

Quailrigati  5;i8 

Quadniplatores  278 

Quaesiiores  1 34,  274 

Qu--stio  134, 24t,28l 

Quaestionea  perpetuae  134, 
275 
Quaestorium  156 

Quaestorii  1 27 

Quaestores  155,270,274 
Quinarius  537 

Quaestores  caiididati      157 

pnlatii  158 

Quatuor  viri  viales  ib. 

Quinqualrus  360 

Quinqeuviri  mensarii,   &c. 
169 
Quincunx  403,  427 

Quitidecemviri  327 

Quinquereraos  432 

Quiniana  402 

Qutrinalis  mens  6l4 

Quirinus  307 

Quiritare  49 

Quiritariura  dominium    61 

R 
Rabula  266 

Radii  607 

Radius  571 

Ramnenses  28,  103 

Rapina  256 

Ratiocinatores  562 

Ratili  mimmi  537 

Recuperatores  260 

Redemptores  130, 250 

Relcrre  ad  Senatum  12 
Regiones  urbis  566 

Regifugium  119 

Relegatio  72 

iRemwictpatip  511 


Remi 

Hepetundae 

Replicaiio 

Ki'potia 

Kcpudium 


Page 
435 

^  174 
254 
509 
505 


Itescripia  27, 238 

lies  publicae  et  privatac  54 

—  coi-poniles  et  incorpora- 

lea  55 

—  sacrae  et  profanae  53 
Restibilisager  587,  596 
Reiiarii  373 
Retinacula  438 
Reus  93 
Rex  Sacrorum  333 
Rheda  605 
Ricinium  447 
Ridimicula  438 
Rogatio  272 
Rogatores  100 
Rogare  legem,  &C.  101 
Rogus  524 
Romania  81 
Rostra  83,  437,  625 
Rubrica  239,  460,  563 
Rudiaiii  378 
Runcalio  589 

S 

Saburra  438 

Saccus  492 

Sacer  102,  146 

Saurosaocti  144,  153 

Saci-amentum  249,  393 

Sagittarii  396 

Sagum  401, 454 

Sal  etsaliaum  483 

Salicea  590 

Salii  334 

Salutatores  214 

Sandapila  518 

Sarcophagus  527 

Sarculatio  589 

Sarculum  585 

Sarracum  600 

Satio  588 

Satisdare  249 

Satura  lex  102 

Saturnalia  3<a,  448 

Satvrae  379 

Scalmu3  435 

Scamna  587 

Scandulae  565 

Scapus  553 

Scarificatio  588 

Scena  388 

Scribae  133,  188 

Seriniiim  558 

Scripta  duodecim  407 

Scrii)tura  69, 76 

Scrijituarius  69 

Scribere  numroo9  547 

Scutula  596 

Scutum  397 

Sectatores  214 

Sectio  et  sectores  49 

Securis  dolaljrata  586 
4  0 


Gil 

Page 
Segc3  588 

Segestre  474 

Segmentum  461 

Sella  •  601 

cundis  113,604 

Semones  307 

Senieutia  raaxime  frequcnA 
18 
Seiiiores  86 

Senaeula  9 

Senatus  2 

—  legitimus  10 

Senatus  coiisultum  13,  18, 
25. 
Sentina  435 

Sepelire  516 

Sepes  591 

Septemtrio  COT 

Septemviri  epulonum    329 
Septum  99,  107 

Sepulchra       524,  527,  533 
Sequestres  92 

Serae  555 

Serica  vestis  462 

Serra  415 

Servitus  291 

Servitutes  57 

Sestertium  54O 

Sestertius        537,  540,  542 
Scxagcnarii  99,  178 

Sibjilini  libri  328 

Sicaiii  135, 212 

Siglae  200 

Sigma  475 

Signa  410 

Signiferi  399 

Signum  pugnae  412 

Silicerniura  529 

Silentium  95 

Smegmata  460 

Socci  456 

Sodales  TitJi  332 

Sol  304 

Solaria  358, 575 

Soleae  455,457 

Solidus  539 

Solum  476 

Sordida  vestis  273 

Sors  545 

Sortes  323, 498 

Sortitia  97, 280 

Spectio  95 

Specularia  577 

Speculatores  407 

Speculum  459 

SpintUer  462 

Splenium  461 

Sphaeristerium  478 

Spolia  opima  418 

Spoliarium  376 

Spondae  474 

Sponsio  249,  252,  253 

Sponsores  271 

Sponsus,  k  sponsalia     504 
Sportula  80,  491 

Sportulas  450^  491 


:iZ 


LATIN  INDEX. 


P-age 

Fage 

Paffe 

dtadia 

620 

I'erunciua 

528 

poiestate 

112,  108 

Stadium 

549 

Tessellaj 

578,  596 

Tiium\in  monetales      15S 

Siaiueii 

571 

Tessera 

40£ 

i,484 

— —  nocturni           ib. 

Stallones  * 

405 

•  hospitalitatis 

484 

—  reipubl 

icae  con- 

Sterquiliiiiuni 

584 

Tesseraia  confhiigere   485 

stituendae 

no 

Stibadiam 

475 

Tesserae 

4!.'7 

Trochus  et  turbo 

478,479 

Stigtuatias 

41 

Testae 

492 

Tropaea 

62G 

Stilus 

554,  557 

Testaraentum 

62 

Tuba 

40C 

Stimulus 

610 

Testes 

282 

Tumultus 

391 

Stipendiarii 

76 

Testimoniuin     dctiunciare 

Tumulus  iaanis 

512,532 

Stip3 

536 

283 

Tunica 

450 

Stipulatio        247 

,251,504 

Testudines' 

426,4:29 

■ palmata 

452 

Stipulator  etastipulator  251 

Textores 

570 

— 1 —  recta 

ib. 

Stillicidium 

57 

Thalamegi 

434 

Tunicati 

ib. 

Stola 

446 

Theati'um 

386 

Turma 

2S 

Stoloiies 

594 

Thensa 

605 

Turres 

428 

Stragula  vestis 

475 

Tbermae 

480 

Tutela 

434 

Stramen 

593 

TJiolus 

576 

legitima 

67 

Strenae 

61,  536 

Thranilae 

433 

Tutores 

65 

Strigare 

586 

Tibiae 

384 

Tympanum 

607,  608 

Strigilis 

481 

Tibialis 

454 

U 

Strophium 

462 

Tirocinium 

449 

Udones 

457 

Suasoi*  legis 

93 

7'trone3 

ib. 

Ultrotributa 

13? 

Subsellia 

44,  133 

Titulus              33, 

,  494,  533 

Umbilicus 

556 

Subscriptio  censoria       138 

Toga 

445 

Umbo 

44G 

Subscriptores 

277 

— —  pexa 

445 

Urn  brae 

47*i 

Subsignani 

412 

praetexta 

11£ 

»,  448 

Uncia                67, 

,  534,  546 

Subsortiri  judicem          281 

pulla 

447 

Unguenta 

482 

Subtemen 

571 

virifis 

449 

Unguentarius 

481 

Subucula 

453 

Tollere  filiuin 

51 

Univira 

512 

Succollai-e 

602 

Tomentura 

474 

Urbes 

78 

Sudarium 

454 

Tonsores 

468 

Urna 

527 

Sudatoria 

481 

Topiarii 

580 

Ursa  major 

606 

SuffiLio 

528 

Topiariam  facere 

lb. 

Usucaptio 

59 

Sulci                5S6, 

58€,  594 

Toi'cular 

492 

Usura 

545 

Suovetaurilia 

88 

Toreumata 

495 

Usurpatio 

59 

Suppara 

437 

Torus  et  -al 

474 

Usus 

499 

;Supplicatio 

346 

Trabea 

115 

,321 

Ususfructus 

61 

Surculi  , 

59? 

Traha 

603 

Utirogas 

IGO 

Sylvanus 

307 

Trania 

572 

Utres 

492 

Symbolum 

465 

Translatitia  edicta 

130 

Uva 

597 

Symbolam  dare 

ib. 

Transvectio  equitum 

30 

Uxor 

50r 

Syngrapha 

252,  558 

Tragaedia 

382 

T 

Synthesis 

448,  482 

Triarii 

S95 

Vacatio  militiae 

391 

T 

Tribunal 

132 

Vacantia  bona 

82 

Tabellarius 

557,562 

Trtbula 

592 

Vacuna 

308 

Taberna 

563 

Triliunus  Celerum 

115 

Vades 

244,271 

Tab  jrnaculam 

94,  321 

Tribuni  comitiali  \ 

St  ruftili 

Vallum 

402 

Tabiinutn 

569 

206 

\'alvae 

567 

Tabulae 

284 

laticlavii 

398, 
1. 

,452 
,  2U6 

Vale 
Vasarium 

561 
171 

expensi 

547 

206, 

Vaticanus 

614 

novae 

50,  149 

398 

Vectigale3 

76 

Tabularium 

20 

—    «—  plebia 

144 

Vectigalia 

69 

Tabulata 

57 

Tribus 

103 

A'ectores 

612 

Taleutum 

540 

Tributa 

68 

Velies 

606 

Tali 

497 

Triclinium 

473 

Vehicula 

599 

Talio 

2f»l 

Trilix 

571 

Vela 

436 

Tarpeiu' 

613 

Trinuni  XundlauiB 

91 

V  elites 

396 

Tatiensis 

S8,  103 

Tfipuvlium 

95 

^'ell^ln 

554 

TcTiiiinus 

308 

Tripus 

329 

Venalitii 

SS 

Tegulae 

576 

Trititum 

589 

Venatio 

370 

Tela 

571 

Triuinphus 

418 

Venti 

599 

Teinpesti\um      ccmvivium 

Triumviri  oapitalcs 

1 

158 

Ventilabnim 

«95 

470 

— — ■ mcnsarii, 

,8tc. 

169 

Verbena 

29C 

Tcrf^l". 

3^ 

Verailiae 

615 

LATIN  INDEX. 


645 


Ajf* 

V  irni.e 

39 

Vcr  Saci-uni 

344 

Vcrsuram  facerc 

548 

Vertigo 

43 

Vervaitmn 

587 

Vcspilloncs 

518 

Vestes  vaiise 

4C3 

Veslibuluro 

566 

Vestis  servilia 

469 

Veto 

15,1)5 

Vexillum 

411,417 

Vexillarii 

496 

Via 

56 

Viae 

6'29 

408, 409 

castrorum 

404 

Viaticum 

171 

Page 
Viatovcs  9,  102 

A'ici'sinift  ~U 

^  ictoriati  nummi  538 

VicHrius  f.ervi  4'J 

Vidolur  fccisse  285 

Villa  cl  amicus       578,  579 
\'iminalis  luoiis  614 

Viiiaceus  acinus  598 

Vincula  290 

Vindcinia  598 

Vindex  v.  expromissor    49 
Vindicatio,  v.  vindiciae  246, 
248 
Vindicta  44 

Vineac  492, 596 

Virgines  Vestalcs  338 

Viscfiratio  649,  530 


Vitrea  spccniaria 
^'ilUe 
'V'ivnria 
Viviradiccs 

AolollL'S 

Volst-llae 
Voluincn 
'V'oniitoria 
Vomunt  ut  edant 
Vota 

X 
Xenia 
Xystus 

Z 
Zeta 
Zona 
Zotheca 


Pcijre. 
578 
439 

370,  5ilO 
595 
42 

460,  468 
556 
37SL. 
490 
345 

61,499 
369,  621 

575 
4St. 

57J- 


INDEX 


OF 


PROPER  NAMES  and  THINGS, 


A  CCUSER,  in  a  criminal  trial 
-'^  Page  277 

Action.\vesL\iA6  ; personaj, 250 ; 
(lenal,  2i5  ;  miitt  258 

Admiral,  of  the  fleet  '62 

Advoratet,  sometimes  hired  per- 
sons to  applaud  them  while 
speaking  266 

JEdiles  pleijtian  and  curule  153 
■^■EgyiJt,  prediction  couceniing, 
1T7;  ^Egy^iitiu  year  355 

^liu .  Calm  ,why  called  wise,  200 
^'Syiens,  the  names  oi'  307 

Mollis,  god  of  the  winds       309 
■^srula  ius,  worsh  ^  p  pe^        30 1 
-'j^'j  u>!/i,  punished         '        257 
Af^rjiulfure,  encouiaged        581 
Agrippa,  his  advice  to  Augus- 
tus, 180  ;  builds  the  Pant' van, 
34',  617;  and  the  harliour  of 
AIise'ium,43^;  coustiucts  pil- 
lars  in  the  Circun,  367  ;  and 
several  aquatducts  628 

Allies,  ibvces  of,  how  raised  and 
supported.  3'J4  ;  wliere  posted, 
399  ;  i  the  carap,  ajid  why, 
403  ;  on  march,  40n  ;  and  in 
battle  409 

Altrirs,  351 ;  a  place  ot  refuge  352 
Almwhxa,  tlie  sibyl  327 

Ambustus,  his  daughters  occa- 
sion an  iii.ponant  change  in 
the  Koveniment  1 24 

Animah,  how  yoked,  603  ;  and 
driven  609 

Annriii,  how  composed  314 

Annnlii,  L.  V/lHw.  proposes  a 
law,  to  regulate  the  age  lor' 
enjo>-iug  offices  .  1 13 

Antonius,  C.  exielled  from  the 
senate  7 

Antonius,  M.  blamed  I'urliis  mar- 
riage, 503  ;  offers  a  Crown  to 
Caesar,  314,336  ;  his  profusion 
543 

jl/);e/w,  his  luxury  and  death  544 
Afii/llo,  names  of  300 

-/l/>/)M(,  liberty  of  117.  265 

AijuxJu'tf,  480, 627 

Arches,  triumphal  625 

Assemblies  of  the  people,  R2  ;  by 
Curies,  104;  by  centuries,  84; 
by  tvibes,  10'  ;  broken  off  6y 
what,  96  ;  manner  of  holding 
the   assemblies  by  centuriis, 
ib.  by  tribes,   106,    Naaurnal 
Asitmblies  prohibited         -216 
Ashes  and  oont  s  oi  the  dead  how 
gathered,  527  ;  and  deposited 
528 
Assian  stone,  coffins  of  527 

Athletic  Gnmes  369 

Auttion,  form  of  59 

Augurs  317— —326 

Auqustus  reforms  the  senate, 
6 ;  limits  the  time  of  its 
metting,  10 ;  regulates  the 
Comilin.  108  ;  gives  liis  vote  as 
any  ordinary  citizen,  loy  ;  be- 
comes 'naster  of  the  empire. 
11 1,  179  ;  dt-ehnes  the  title  of 
Censor,  143 ;  invested  with  the 
Tribunitian  power,  152;  re- 
jects the  dictatorship,  165; 
•consults  wjth  Agrippa  and 


JIaecenas  ajout  resigning  liis 
power,  POfie  ISO;  makes  a  new 
partitiuuoi'the  provinces,  176; 
and  hrst  appoints  salaries  to 
the  provincial  magistrates, 
178,  34:;  liis  descendants 
might  liave  lon^  enjojed  the 
sovereignty,  ii  lie  had  possess- 
ed the  wisdom  to  impose  on 
himseli  and  hi^  successors  pro- 
pei  lesti dints  against  the 
abuse  o.  power,  is  ;  artfully 
estabhslies  his  authority,  it>. 
titles  conferitrd  ou  him,  181; 
power  granted  to  hin.,  183  ; 
altars  erected  to  liini,  186 ; 
vows  made  lor  his  safety,  i'l- 
rules  at  first  witli  great  mo- 
deration /h  gradually  enlarg- 
es his  power,  187  ;  so  humbled 
the  spirit  01  tue  Romans,  that 
they  never  after  made  any 
joint  efliirt  to  recover  tf.eir  li- 
berty, ib-  allows  only  particu- 
lar persons  to  answer  on  ques- 
tions of  law,  and  obliges  the 
judges  to  follow  their  opinion, 
202  ;  cliaiiges  the  mode  o  en- 
acting laws,  238  ;  assumes  the 
office  o^  Ponlifex  Max  ivus, 
317;  his  superstition,  345; 
the  ii.onth  August  called  .rom 
his  name,  and  why,  353  ;  this 
said  to  be  done  ly  an  o  der  of 
the  people.  183;  vestricts  the 
licence  or  divorces,  510  ;  sta- 
tions fleets  in  diflerent  places, 
439  ;  his  ring,  -165  ;  wears  se- 
veral tunics,  453 ;  did  not 
shave  till  tw-nty-five,  467; 
sometimes  clipped  his  heard, 
and  sometimes  shaved,  468  ; 
the  sum  he  received  in  lega- 
cies, .''43  ;  a  civic  trown  and 
two  laurel  branches  set  up  be- 
fore his  gate,  416,  568  ;  puts 
to  death  some  who  refuswl  to 
enlist,  391  ;  refuses  the  title  of 
Dominus,  558  ;  adorns  Rome, 
565 ;  his  vanity  on  recovering 
from  the  Parthians  thr  spoils 
tai.en  irom  Crassus,  619  ;  his 
death.  '81:  his  tomb  531 
Auspices,  manner  oi  taking    94 

B 
Bachelors,  punisliment  of       227 
Barchiu,  304  ;  his  orgies,  ib,  fes- 
tival of  360 
B'lelges  of  tlie  senators,  7 ;  £- 
qui'es   29;   kings.  115;  Con- 
suls, 116  ;  Praetois,  132  ;  and 
Emperors  18S 
Bait,  lorm  of                         244 
Ball,  game  of,  478 ;  of  four  kinds 
ib. 
Barbers,  first  introduced  from 
Sicily                                   466 
BaMv,  of  different  kinds,    477; 
first  built,  ^80;  parts  of,  i^. 
time  and  manner  ol  bathing 
481 
Benrd,  how  shaven                467 
iJf/^  or  girdle  when  used     451 
Bear^,  constellation  of          606 
.Bii!iM/a;,  weak  Conduct  of     213 
£oniis,niiA  iiuU  impgrtaut  con- 


tracts Pa;;e  252 

Bonds,  exchanged  between  Au- 
gustus and  Antony,  &c    253 
iSMifl  Deo,    eslival  ot  361 

B'>oks,  kinds  of  555 

Bootes,  constellation  of         607 
Bracelets  482 

Brer  /les,  not  worn  by  the  Ro- 
man^ 369,  454 
Bridget,  number  of  632 
Brutus,  the  conspiracy  of  his 
sons  44 
B<irniiig  tlie   dead,  custom   of, 
whence  derived,    and    wheni 
dropt.  515,  516  ;  what  persons 
weie  not  bunit,  tb.  why  for- 
l-idden  in  the  city               522 
Burid,  places  of                     523 
Buying  and  selling,  forni  of  251, 
252 
C 
Cct:-e,  tlie  people  of,  receive  the 
Vestal  Virgins                       47 
Caesar  Jwiui,  vilifies  the  author- 
ity o:  the  senate,  25  ;  abridge 
es  the  rights  of  the    pnople, 
108  ;    oppresses  tf»t'  liijelty  of 
his    Country,    110;    province 
apjiomted  to  him  by  the  se- 
nate,  12';  reduces  tlie  power 
01  the  consuls,  1  f  ;  niatle  per- 
petual dictator,  ( /  16S  ;  makes 
a  review  «f  tlie  people,  142; 
his  pretest   for   crossing  the 
Rui.ieon.  147,    51  ;  his  popu- 
lar laws.    21 »  ;    proposed  ar- 
I'angiiig  all  the  laws,  i2o  ;  an 
instance  of  hiS  surprising  pre- 
sence oi  mind.   3  3;   warned 
Ol   his  death,  349  ;    regulates 
the  year,  31    ;  the  sajing  of 
Sylla  eoneerning    him.   <5ij 
divorces  Pompeia.   anil  why, 
510;    his  attention  to  dress, 
451,  456  ;  %vhy    pleased   with 
a  laurel  crewu,  457  ;  his  ring, 
465  ;   his  debts   and    bribes, 
543;  manner  oi   writng  his 
letter    to  the    senate-,    559; 
about  things  lie  wished  to  keep 
secret,  562;  murdere-d  in  the 
senate  house.  1 10, 457  ;  a  tem- 
ple and  priests  consecrated  to 
liim,  185,   '36  ;  senators  slain 
at  his  altar                         351 
Ccdnwi,    brought  letters    into 
Greece                                 551 
Calendars,  why  so  called       313 
Calpuniin,  the  dr  am  of        57t> 
Camp,  lorm  of                        402 
Ciiudidaie>;  their  dress  and  man- 
ner of  canvassing,  91;    how 
elected                                  100 
Ca/ii'atirinlt                           271 
Ciif'itoline  marbles,  why  so  call- 
ed                                         314 
Cnpun,  punisheil                     74 

Carriages  603 612 

Carvelius  Ruga,  the  first  who 

divorced  liis  wile  5W 

Castor  and  Pollux  307 

Catn,  ordei'ed  to  he  led   to   pi-i- 

son,  15,  218  :  sent  to  reduce 

Cyprus,  211;  his  dress  450 

Cavairy,  how  chosen,  392 ;  their 

arms  and  dicss,  397;  tJicir 


place  in  camp,  Pfl^403 ;  and 
in  bank-  ■^'9 

Ceiison,  llieir  institution.  136  ; 
their  ottiif,  137  ;  ilinr  (iouit, 
140,  141  ;  (liseoutinucil  undrr 
the  cmpcruiii  112,  M3 

r^rMorj  lUi-,  wlitncccaULtl     141 
CfMurioii,  badge  ol  398 

Cciberut  3..9 

Cc'ti,  2y5  ;  her  mysteries     2«6 
Charittt  rii  ei  360 

Charun,  lerryiiian  oi'liell,  09,  ;1J 
Cfitiuneijj,  anciently  nut  us  d  at 
Honie  o73 

Chiirui,  why  sui>pressed         384 
cAr  j.wm'!^,  i:suil)Lslied  by    on- 
stantine  70 

Chrttiiiin,  tlieir  meetings  pro- 
bibiteU,  and  wliy,  i'.i  ;  ol'uii 
exi>oseil  to  wild  bt-asts  370 
Cut  0  unites  ihi-  senaii  witli  the 
y.qufe  ,  25  ;  get^  the  province 
«i.  V.  ilicia against  Uu  will,  124  ; 
made  quaestor,  4  ;  called  Ft.- 
t/ierol  /its  Couti'ry,  181  ;  liin- 
dered  Ly  a  tribune  I'rom  mak- 
ing a  siieeeli  to  the  jnople, 
wht  n  lie  n  sigiud  the  eonsul- 
fhip,  '21  ;  promotes  the  am- 
bitious des.gns  ui  Caesar  con- 
trary to  hi.  own  jadgnient, 
170;  is  banis.icd,  ^lO;  his 
laws,  23«;  the  senate  c  auge 
their  habit  oii  his  accoiuit, 
273  ;  his  death  280 

Ceilings,  how  adorned  5VS 

CUie<,  lio*malities  in  founding, 
78:  in  destroying,  tb.  their 
walls  savrcd  »'• 

Ci'iztms.  rights  of,  48  ;  could  not 
lose  the  ireedoU)  ol  the  city 
against  their  will,  71.  212 ; 
could  not  be  scourged  -^30 
Civil  Lno,  study  of,  revived  in 
Europe  241 

Ctvitrinh  ib. 

Claudius  P.  punished  for  slight- 
ing the  omens  321 
Claujliut,  Emperor,  abridges  the 
number  oi  holy  days,  and  why, 
31)5 
Claudius  Af>p  decemvir.        ,68 

C(«ut,  supposed  cause 

of  bis  blindness  S"!? 

Classet,  into  which  the  jieople 
were  divided,  S5  ;  whence 
citisaes  o  scliolars,  Qiiinctil,  i. 
2.23.x  5.21  and  of  work- 
men, Columella  i.  9. 7. 
Cluacina  308 

Clont/ii,  of  diflflrent  kinds     463 
Clo'/i.  how  wrought  572 

Clodiuj,  restricts  the  power  of 
the  Jensors,  '-12;  adopteilby 
a  plebeian,  50 ;  made  tribune, 
14 1  ;  the  enemy  o  icero,  ib. 
Ifis  laws.  20>J  ;  tried  or  violat- 
ing the  sacred  riles  oi  the  Bo- 
n.  D.n.  215  ;  killed  hy  the 
slaves  o  ■  Milo,  i.'y  ;  and  burnt 
in  the  Furw..  525 

r.'irtrj,  dole  given  to  401 

Coffin,  518;  how  deposit«-d,  527 
Coina,  kinds  oC  s^e  ;   i>ut  in  tlie 
mouth  u  the  deceased        5is 
folle^es  ol'priests,  CiC  330 

Coloniet.  manner  o'settling,  77 ; 
of  diflere.t  kinds  79 

/'od/mnr.  kinds  of  624 

Cottu'ly,  ancient,     middle,  and 
new,  3^l  ;  w  iters  in  each  ;/;. 
Commnnrt.  military,    how  con- 
ferred 84 
Consuls,  respect  shewn  them  by 
the  senate,  12 ;  by  others,  U8, 


INDEX,  lire. 

121  ;  their  poweis.i^./i^r  15,  117, 
3yO  ;  wheu  illstiliUed,  109; 
therbudgis,  I  o;  time  of  en- 
tiriMg  on  their  ufliee.  119; 
with  wliut  suleUiiutieH Uiis  was 
dune.  I.'l  ;  their  prosinves, 
ii/.  lioiu  wiiut  Older  creand, 
1/4  ;  their  slate  under  the 
Emperors  1  ^6 

C»ii  u  s  t.cii  first  a^kcd  their 
upiniuu  ill  tlu  K-nate,  U  ;  unU 
why  l!0 

Cointcralioiio  t!ie Emperors  534 
Cviii( iiifi,  gods  so  called        302 
Consign  iiw/jle    taken    by    the 
'lurks  81 

Cuuks,  ti-om  Sicily  487 

Cvrii  gi\eu  to   the  poorer  citi- 
zens iOf'.  i3Z 
Coi  uiica'iiiif,  tne  first  who  gave 
his  advice  freely,  ^00  ;fifst  j  le- 
beian  Fuiitjt::i:  il.xnim.    3i2 
Cuuc'cs,    foi    reclii.iiig    an     at 
meat,  -'"J;  usual  lui-.iier  of 
in  a  room.    474  ;  ihtix  .oviu 
ill-  47.->  ;   and    covering,  •(74  ; 
funeral  couches  518 
r»cjf,((,r,  wealth  of  542 
Criminut'.  divss  of,  93,  273  ;  al- 
ter sentence  used  anciently  to 
be  punisheil   without    delay  ; 
lutthis  was  altered   by  'libe- 
riiis,  28.'  ;  bow  treated   alter 
death                               :i9 1,527 
Crowiii.  given  as  ivwaids,  4  5; 
used  at  tiasts,  48,: ;  put  on  the 
head  01  the  deceased               515 
Cuf>s,  kinds  of                         495 
Ciiftid                                      298 
Curio  turns  two  thtati'es  into  an 
aiiiphitheati'e  on  the  sameday, 
387  ;  his  corruiitiou  and  fate 
543 
Curius  Derilatus                    472 
Cybelk,  303  ;  priests  of         337 
Cydops                                    299 
Cj'/jrew,  used  at  funerals       5i5 

D 
Damat;c,  repaind  25T 

Z)ai/;,'/!/c. If.  how  named  37 

Dny.  division  oi,  353  ;  common 
andhol)  d:ijs  359 

DC'to  1.  cruel  law  concerning  49 
Xlcc.  iri',ni-^ ,  ibaiiner  o.  406 

D'xcv.vir.-,  why  cnatal  167 

Dtsiert,  fruiti  and  sweetmeats 
476 
D'Vote'l  to  one's  sei-vice,  origin 
Ol'  the  ;.hr.ise  i«3 

Z)in?j  first  invented  358 

Diriiin  201 

hire,  game  of  497 

Dicf  Ui.i ,  fiist  made,  163  ;  causes 
ol    creating   this   magistrate, 
i'l,  his  I'Mdjres  and  po'.Mr,  i6J  ; 
this  oliice  iiitermjtted  for   120 
years  he  ort  Sylln,  165;   abol- 
ished Uiter  the  death  of  Cae- 
sar ib. 
Dii/iKi.     kinds  of,    485 ;    how 
brought  in                    475,  4»8 
Divorvtx.  lorm  of                   509 
Dog'.   enji)loye<I  to  guard  the 
temp|r-s,'568  ;  why lU- paled. ;6. 
/>i';iffu«n,  kinds  o'  61 
Door,  oi)eJietl   outwards,    167  ; 
secured  ny  (ars,  8<c            568 
£)K7ur«?-',  diversity  of             501 
Urnnm'ic  entertainments,   first 
introduced  iVdin   a    religious 
inixivi',  37i»  ;  often  interrujrt- 
ed  .  y  the  people  calling  lor 
other  shews                          3S  6 
Dtkss,  Ox  iw:n,    446;    in  public 

and  private,  451 ;  of  women, 


Ui 

Page  446,  4J8,  459,  450  ;  of 
l)0)s  and  girls,  4i8  ;  o!'  sol- 
diers. 400,  454  ;  oi  gentoUs 
in  a  tiiuniph ,  420,  <152  ;  of  M.- 
iiators,  I'l.  of  priests.  315,321. 
312,  3.',  335,  340,  44'i ;  o.' 
poor  people,  452  ;  and  of 
.sliives,  46:<  ;  oi  the  dead,  51 1 
/;;.;i^(r/ji,/' healths  495 

Kiiirr,  ol  Carriages  eil 

Dnistii,  Livtus.  laws  of,  ^23  i 
and  death,  ii.  his  saying  about 
bis  house  544 

£ 
Enr-rings  46t 

E'licts,  oi  the  praetor,  139  ;  of 
otlur  magistrates  111 

Eleiiion  oi'  liagistrates,  under 
tlie  republic,  88,  100, 105,  113  ; 
under  the  emperors  108 

Einbaiiiii'.g,  cause  of  it         522 
Ei»fiaon,    their   titles,     181  ; 
their  power,  184  ;  their    ad- 
ges  ifl6 

Eulriininmints,  expences  of  li- 
mileil  by  law,  205,  214,  222  ; 
o,  dilfereut  kinds  490 

Eif-ruili;  how  inspected  349 
F.-iirapli,  form  oi  533 

Eph'iri  at  Sparta  resembled  the 
tri'iunesai  Rome  146 

Eqiitsirxi-.  order,  it's  institution, 
28     badges  and  office  29 

Eilimati:  o!  Ibrtunes,  how  made 
85,  13S 
^w'f/cnff,  kinds  of  iSl 

£  va/j/iun..;  h.  .w  expressed  254 
Execwiomr  192 

Exer-ises,  kinds  of,  478  ;  in  the 
army  406 

F 
Fabim,  his  manner  ofdeclarinf; 
war  on  Cartlia.ge  446 

Fubiut  iWoj.wiu  ,Prodictator  164 
Fiihi.lioutI,  iiunished  140,  225 
iv//iij,y,  right  of  SO 

/'aiiofc,  whence  called  225 
Fprmcrs,  kinds  of  582 

Falcs  303 

F-.uniit  307 

FiiscitiUf  308 

Friircs.  kinds  of  591 

Frjzd^y  ir  different  soils       5S? 
Fcst'va!.<,    stated,     359 ;     niovc^ 
able,   3*^ : ;    uccasioital,   364  ; 
iiur.iber  of,  iiurtful  365 

K;itT,  e\t  lit  o'  205 

Fisii,  the  Romans  fond  of  486 
Fi.iii-iiouds,  value  o4'  5<5 

Fl-"-x,  ior  what  used  590 

Faiuen  01  ,Iui)it».-r,  5,  333,  52S 
Fianiiitius,  destruction  of  164 
Fnvius,  why  made  jfidile  20O 
Fleet,  Roman,  wheie  stationed 
162,  439 
Fhi/et,  or  different  kinds  3ii-i 
F'ora,  308  ;  lijstival  of  361 
Fuundl:ngs,  state  of,  Plin.  e/i.  x. 

71  &72 
Forn;iiieri;  their  state  at  Rome 
disagreeable  81,  '?20 

Fox,  why  burnt  as  a  sacrifice  to 
Ceres  296 

Fietcimen,  insolenci*  ol'         57S 
Fi-fedom  of  th.i  city  first  granted 
to  Physicians  and  the  (>ro(i.\s- 
surs  oi  the  liberal  arts  by  Cae- 
sar 210 
Fricndt,  how  some  testified  their 
attiction  427 
Fiinrrals,  why  so  much  attended 
to,  512;  ptihiic  and  private; 
5)6;    funeral  couches,   .6;7  ; 
private  funerals  cilvbruted  Ijy 
night,  Hud  public  byday,  518; 


bid 

cciiemoiijes  of  both,P/j,£r«  515— 
534  ;  Tuueial  procession,  518> 
519  ;  uiieial  o  atioii,  Sil  ;  first 
made  by  Po|>lic()Ia  ui  lioiioiir  of 
JBriitus,  il). ;  and  by  Catulus,  in 
praisi"  o  nis  mother  Popilia, 
zi. ;  mural  pite,  524;  aiii- 
raals  thrown  into  it,  atti; 
TJome  persons  came  to  li;e  on 
it  ti. 

Furies  303 

G 

Games,  ordinary  and  exwaordi- 

iiary,  ISS  ;  oi  tlie  circus        ib. 

Garde.is  578 

Gates,  how  adorned  507 

of  Rome  615 

Genius  304 

Cenrwns,  their  manner  of  form- 
ing eoiijccturi.g  about  futur  ty 
324 
dc/Ua'ors,    different   kinds  ot", 
37s; ;   where  exhinitcd,    374  ; 
their  maimer  offigliting,  377  ; 
prizes  given  to  the  victors  373 
Glfiii.  iRvention  of  578 

djTernmtn' ,  of  Rome,  origi- 
nally aiistoci  atical,8  • ;  L-rougiit 
to  a  just  eg  ,ili/j  iuw,  150; 
worst  kind  ol  despotism  undt  v 
the  Emperors  187 

Graces  298 

Gracchi,  their  laws,  232;   and 
fate  150 

GmiK,  kinds  of  SBD,  5  0 

CunrdTMt,  ajipinntment  oi    6? 

H 
Hciir  perfumed  at  feasts,  4R2 ; 
how  d.-esstd  by  Momen,  458  ; 
by  men,  466  ;  not  cut  at  sea, 
469  ;  mcthj<l  of  (lulfint;  out 
smiUhaiB  468,469 

i/iii/,  making  of  5&1 

Hnvboitrs,  how  fortified  443 
Hetilhdus,  whence  named  70,  7t 
Hrri,  how  apjioinled  64 

MeJt'.n  306 

He^iosaha'u  •,  first  wore  a  robe  of 
pure  silk  462 

HrraUh,  or  public  ciiws  129 
Mr  nnodtyrus  163 

Heradex,  his  labours  308 

Hieio,   his  regulations  concern- 
ing the  letting  of  lands  in  Sici- 
ly adopted  by  the  Romans  216 
mi'roglyl)hks,\ix  o'i  551 

Hi((>o;Ronie  613 

Ilnipiialit'i,  inviolable  485 

Houses,  regulations  concerning, 
56,  57 ;  rent  and  prices  oi    566 
liouseholdgods  304, 305 

Hour  glnsurs  265 

Human  sa'crijicet  3501,351 

Hymen,  tr  -tvus  508 

I 
Idnlatrij,  origin  of  522 

Injuries,  how  punished  257 

/ngm/IjH^,  manner  01  595 

///(■^!fi7?ia rcliiUlven.  state  of  503 
Images,  whm  ;ind  where  kept, 
33;    carried  at  funerals  4*0; 
Indian  wise   men  burnt  tliem- 
seW<  s.  516  ;  also  wives  on  the 
piles  o.  their  husbands        526 
I'lher  ttmces,  form  ol'  entering 
upon  67 

jTn/af:?.*',  often  exposed  51 

Jniere.1t  of  u.oney  S45 

Inlirriiig  the  dead,  tnost  an- 
cieii?,  515,  522',  and  most  na- 
tural 515 
friftruments,  used  in  writing, 
554  ;  in  husbandry,  585  ;  .'or 
fixing  tiurdens  ou  the  back  of 
s!a\"es,  600;  for  driving  ani- 


IKDEX 

laals  in  a  carriage     fcge  600 
Inns,  anciently  lew  484 

In'errtx,  partieular?  conctni- 
ing  90,  109,  113,  116 

Irr.triui,  revives  tlie  study  of 
the  civil  law  24 1 

lalians,  their  light  74 

J 

Janu  ,  how  represented         302 

Jmps,  their  manner  o.  burial  426 

Judget,  of  difl'  rent  kinds.  /59  ; 

appointment  o(,  262  ;  chosen 

trom  what  onler  i75 

Judgment,  manner  o:  i^ronounc- 

ing.  266  ;  its  ettects  i*7 

Jugur'r.ine  war  151 

Jintnn  year  354 

Juno,  how  represented  294 

Jupiter,  Lis  names  and  attributes 

293 

K 

King.t  109,  114 

L 
Landed  esWe^,  too  large  hurt- 
ful, i93  ;  the  value  oi  laiuls  iu 
Italy  raisi;d  by  a  law  oi  Ti-a- 
jan  108,  594 

Lanius;  first  dictator  163 

Latins,  their  rights  72 

L  tin  ton,^ue,    the  Italian  states 
prohitited  tlie  usi,-  o.  it       S03 
iau(e«<ia,iiursc  of  Romulus  33 1 
Lavernn  308 

Lan-s  ol  Rome,  at  first  /ew,  166i 
of  tlie  U  tabl  s  i68,  108; 
causes  ol'  new  laws,  193  ;  time 
between  proposing  aiid  pass- 
ing a  law,  91,  9'?,  246;  how 
passed,  97,  101,106;  certain 
laws  excte  great  contention, 
149;  by  what  name  distin- 
guished. 194  ;  species  or'  the 
Roman  law,  198  ;  laws  Oi'the 
Einueroi-s,  27,  238  ;  collected 
by  tile  ordek  of  Justinian  i;39 
Lirioycrs,  origin  of,  20&;  maimer 
o!  consulting  them,  201  ;  un- 
der the  republic,  not  permit- 
ted to  take  fees,  J02;  limited  to 
a  Certain  sum  under  the  enipi> 
rors,  ii)  ;  tin  ir  education,  ^03  ; 
eniiiient  lawyers  ib. 

Legocie ■.  iir.v.'  ielt  f>5 

Lt  ni  utus,  d  .  grad>.  d  7 

Leila  307 

Leteis,  of  the  alpha' el,  551; 
epistles,  ^61 ;  ingenious  modes 
o.  conveying  562 

Lt/iiuU!,  how  many  taisiij  at 
diiferent  times.  'vO;  division 
Oi"  each.  >95  ;  officers  398 

Lihirty,  whence    the  loss  of  it 
may  be  daied,  150;  causes  ol' 
its  subversion,  26,  32,  109,  1 23, 
149,  179,  tic. 
Libraries  563 

Limits,  of  the  empire  633 

Linen,  not  worn  by  the  Romans 
453,  479, 570 
Letters,  when  introduced      562 
Li  tors  115,  U6,  1<50 

Licinius  Stolo  12S 

Lieuienr.nis,  the  niunbcr assign- 
ed to  proconsuls,  171 ;  ttair 
oflice  if). 

Liver,  sometimes  thought  to  be 
wanting. 'P  victims  348 

Livi'is  Anilrt  mnis,  the  first  wri- 
ter of  plays  at  Romt;         3bo 
Loiks,  keys,  bolts,  ^r,  568 

Loom,  parts  of  570 

Lots,  used  in  prognosticating  fu- 
ture events  323 
Lottery,  a  kind  of                  498 
Lumtics,  wUeucu  nan^     325 


M 

Machines,  used  in  sit^ee,  P'gi 
428  ;  for  hauling  ships  442; 
Mcecerrs,  entrusted  l.y  Augus- 
tus with  the  charge  oi  the  ci' 
ty,  1''9  ;  his  advice  much  re- 
spected by  that  eniperor,  109, 
160,  180;  his  tuwer,  523;  ef- 
feminate in  his  die!s,  451; 
said  to  have  mventwl  the  art 
of  writing  bhort-hand  189 

M.ghtrati.  ,  at  different  times. 
If)') ;  their  .'unctions  m^re  ex- 
teiisive  than  among  us,  itl; 
division  of,  1 1  3.  Ordinary  ma- 
gistrates under  the  republic, 
116 — 159  ;  under  the  emperors, 
1 59 — 1 62.  E*  traordiiiaiy  nia- 
gistrales,  16?— 169  ;  provincial 
niagijtrates  169-rl79 

M "iufaaure>,  woollen  570 

Maiii/re,  kwds  of  588.  hc^ 

Ma:  ch,  orde."  oi'  407 

Mnrkei-p'aces,3.t  Rome        6i3 
Marr.age  only  betwe^^n  Roman 
citizens.  50;   ai.ciently    pro 
hibited  betvi^en  Patri<  innswnd 
Plelieians,  35  &  50  ;  as  some- 
times between  neighl  ouring 
disni.;ts,  <79 ;  encoura.^nients 
io.  2i7  ;  (lilVtrent  ibrmsof499 
JMurru  ,  rose  irom    a  common 
soldier,  397;  seven  timts  con- 
sul, 126;  fattliless  and  ambi- 
tious. 123, 151,206;crue).314  ; 
fiist  enlisted  soldiers  .rom  the 
lowest  class,  38s- ;    made  seve  - 
ml  changes  in  the  military  art 
S92,  414 
Mars,  299  ;  bis  shield  ib, 

Marsie  war,  74 :  cause  of.  223S 
ver>  destructive  ibm 

iV/nrje/«i,  punishment  of       622 
ilf.j^  the  ancient  Jiipshad  but 
one  436 

Mrti'cr  oi' horse  166 

Measurei,  ot  lengOi,  548 ;  of  ca- 
pacity 550 
M^ttnls  539 
Meiiander  381 
Mercenary  servants,  40 :  troops 
395 
Mnrury,  300 ;  images  of        ib. 
JVrfrj/'ff'lJllsliims»lf  33f4 
Mr'elluj  'v'!/;)ii'riifi«,banishfd  206 
MeteUus,  loses  his  sight     17,  340 
Minerva,  294 ;    her  stiieW,  ib 
ff  stiv  al  of                           360 
Minos                                      309 
Minority,  years  of                  221 
Mo';ey,  when  coined,  SiS  ;  hov/ 
computed                           540 
Monarchy,    rc-csiabl'sbment  of 
179 
Month ',  division  of          35  5,  3  56 
M"rra.  game  o'.                    499 
Mourving.  niaiuier  of    467,  530 
Mutiv  ipid  towns.  77  ;  not  oMig- 
nl  to  rec-  ive  tlie  Roman  laws 
unless  they  chose  tb. 
Mitres                                      SOI 
il/Kjtf,  warlike  instrununts  of  40& 

N 
A'diMMoftlie  Koinans  34 

Ifrcklares  461 

N</>tui^e,2g6  ;  why  hostile  to  the 
Trojans  297 

A"  ro.  colossus  O!',  374  ;  sets  Rome 
on  fire,  566;  curious  ctihng 
of  his  dining  room  578 

Vinv  Stijle,  first  aJopted  in  Eng- 
land 355 
>/«6/«n«n,  young,  how  iartructed 
in  pu*  lie  (.usiiiess,  5  ;  in  juris- 
prudence. 203  ;  aU(J  in  the  *•-. 


OF  PROPER  NAMES  AVD  THINQS, 


•r«-ar  Pope  17!,  403 

<ilft,    who  so  callrtl,  13  ;    uil 

Uiera  ihf  baJoiiiiHTuis  cliiitly 

txfrcised  tlicirciuclty         188 

V'"»a,  bUluws  i'26 

NumfitT  ui  ilie  in-oplc,  how  as- 

oertaincil  h5 

SjfiniiJu  398,  303 

O 
Oat/i,  form  o:',  26-1 ;  the  iiiulti- 
ptj-iiii^u   oathi  hurtful,    1S4  ; 
niiljtMry  oath  i92 

Offic  ,  n  the  army,  398 ;  in 
ihe  ii»>-y  A40 

Omiihuif  450 

'>rei'ei,  tried  for  the  murder  oi' 
hij  nioihfi-  287 

Ottrarisiii,  \\\>»t  S86 

Oj-i-n,  alv.'a>3  used  in  plouf^hiDf^, 
58b  ;  how  u-ained  ii>. 

P 
Palais,  whence  nanitd  70 

P'l^j,  I'e'icival  of  361 

f'all'ir,  794  ;  her  image  i!) 

PaliiK,  first  giv«ai  lu  the  victors 
at  gaiuet  368 

Pan  307 

Pan/omimes,  38-) ;  composers  ol' 
385 
Paper  madeot'the papyrus,  532  ; 
of  linfeu  rags  554 

Purthnuni ,  first  made  ih. 

AscA<?j,  why  used  461 

Patricicm  2,  32,  35 

Patruus  and  Ckeii't,  their  strict 
union  33 

Pave>nfnts,  how  adorned      57S 
Pea-ii,  value  of  544 

People,  power  of,  .23, 123.  313  ; 
common  peuple  o>  the  count>  y 
more  respectable  than  of  the 
city  3 1 

Perjury,  punishment  o  '       185 
Perukes,  when  first  used       4^8 
Petreiu-,  his  bold answerto  Cae- 
sar 218 
Ptoui;h,  form  of,  585  ;  manner 
ol'ploughiug                          586 
Plucu  303 
Pn/M,  o  the  heavens            608 
Po'npeim.  Scx.  why  called  the 
sou  ol'  Neptune                    2y6 
Pom/iey  umi'-  consul.  126  ;  sent 
aj.'ainst      the     pirates,      215 ; 
agaiiist  Mithridates  ^24;  his 
exhibition  o,  wild  t)easts,  37l  ; 
first  built  a  theatre  of  hewn 
gtoue,  3S7  ;  device  o.  his  ring, 
465  ;   his  death  457 
Pontijft                            310— 3  ir 
Powiui,   geoeial  of   the  Sain- 
Dites  122 
Paplknia,  laws  of  204 
Porticot,  uses  oi'             479,  623 
Potts,  institution  of                63 1 
Posset- io!:,  form  o.  claimini;  248 
Poppifa,  allied  in  asses  milk  460 
Prayers,  how  made  344 
Prceor,  institution  of,  128     at 
first  one,  iJi-  a  second  added, 
ih.  tlie  uumber  of  praetors  en- 
creased,  l'i4  ;  the   city  piae- 
tor  the  chie-,  128  ;   his  edicts, 
129;  badges,  132;  and  atten- 
dants, 133  ;  manner  oi  adwi^n- 
isterinR  justice,  242,  -248  ;  how 
he  pronounced  stntcnce  in  a 
criiuinal  trial                        287 
pnc  nriaii   cohorts,    412,    616; 
carapot  61 S 
Pre«(ien«,  of  a  fiast              .496^ 
Printnis  304 
Prt(*tr.  of  different  kinds,  3iO,— 
343  ;  ofpariicular deities,  333  ; 
olJmnter.  j4,  of  Mars,  334-. 


of  I'ai.,/' r;^*  3'6  ;  of  Herode?, 
3i7  ;  o  C)b<  lie,  ib  ;  of  Vesia, 
3'i8  ;  whui  llieir  euoluiiu-nts 
Were  in  uncertain,  3Jl  ;  by 
whom  elicted  ,05,il3,310,  3-0 
PriicoiijnlsM'A  Frofnu^orn,  i-ri- 
(fin  o'  the  name,  l  JO  ;  provinces 
astiiniedtuthem.  171  «  tliiy  set 
out  fiom  the  city  «itii  Knat 
puiui),  172  ;  their  (lower  in  the 
prut  meet,  lO.  manner  o-  ad- 
iiiiiiisterine justice,  173;  tiieir 
cvaetions.  i7-i ;  return  to  Home 
as  private  cili7A;ns,  unless  tliey 
claimid  a  triniiiph  175 

Pro,Urr:tor  O!  Judt  a  1 78 

Profierly,  iiioiles  of  acquiring  58 
i*roitipiiia  301 

P'o.c/'j^'/c/W  oi'citzens  211 

Provinci^.  rights  c".  75  ;  taxes 
impostd  nil  them,  70 ;  new  par- 
tition o.  ihein  by  Augustus  178 
Provintiat  tr.nj^iisiinies,  under 
theri'piiblie,  169,-176  ;  under 
the  emperci's  176,— 17V 

Purijira'.ion,  manner  of    88.  353 
Punishnienu  2^0 

Q 

Ou(r.ror.',   why  so  callid,    154; 
their  office,   155  ;   under   the 
Knijierors,   157.     It  gave  ad- 
mission into  the  senate  4 
R 
Ram,  a  machine  in  war         42S 
J?fa/«H^,  manner  o»'                591 
Pt'liii'Tix  at  snp(.er, when  inln:' 
diieed,  47^  ;   manner  oi',    473 
and  cau*  o.                        48,i 
Rr:f:i^Urs  o  all    public  transac- 
tions, 19  ;  kept  in  the  ueasu- 
ry                                             20 
ife,')u',/tt-,  causes  of  its  ruin,  2S, 
32, 123,  125,  150,  151,  171,  l81, 
392 
Revif-tf  of    the  people,   institut- 
ed ty  Servius,  85;    when  ami 
how  made               8b,  137,  142 
R(.  n-urU. ,  mil  tary                  4 ;  5 
R  'en                                           303 
Rights  of  citizens,  48  ;   coiiW  not 
ue  taken  tnjui  any  one  against 
his  will,  7;  ;  diiiiinuiiouoi'  if>. 
R'lOfti'ihS.  their  regulations  con- 
ceriiinir  naval  afiairs  adopted  by 
th>'  Kuiuans                          231 
R.iigs, inueli  used                  464 
Rivers,  their  sources  held  sacred 
309 
Roa'l ',  how  paved .                  6-9 
J?o/;?)rr(/,  punishment  of         2.i6 
Rob'gU',  30»;      asto.             360 
Roii:'a'!i;hov/  divided,  1,  M  ;  an- 
ciently weighed   their  money, 
aiid  did  not  count  it,  52  ;  cau- 
tious in  admitting  new  sacred 
rites,  71 ;  their  r  spect  ibr  the 
ministers  o.  religion,  312  ;  pas? 
siunately  ibund  o.    races,  367  ; 
of-:!iowso"tjladiatois,  378; ami 
of  unaoiiimon  siijhts,  185  ;  al- 
most always  engaged  in  wars, 
S89  ;  as  remarkable  lorendur- 
inglaiioiir  as  for  coiii-age,428 ; 
long  unacquainted  witli  naval 
affairs,  -lU ;  careful  to  wtai'the 
10^!?  in  liH-elgn  coimtries,  4  15  ; 
usually  went  witli  tireir  heads 
bare,  457 ;  when  covered,  rh. 
allowed  their  Iiair  to  grow  in 
mourning,  467  ;  their  ancient 
fimplicity,  471 ;  their  luxurj-, 
and  thee  use  of  it,  472  ;  at  first 
sat  at  meat,  th,  borrowed  the 
custom  of  ix-clining  froro  the 
ts'",  j\ begiiii  ttleii  '"ca-'s  with 


prayer.  Page  4-ii  ;  and  uitkrd 
them  in  the  wmu   luuniu  r  499 
Ri  'riiniti,  or    'I'liraee,    wliy    so 
culled  81 

Roiiii,  built,  1  ;  taken  and  burnt 
by  tlie  tiaulk,  40,  S'M  ;  and  un- 
der Nii'u,  !b.  aduruet)  b]  Au- 
husius,  i'  its  streets  ir.irrnw, 
»''  Its  gatei,  615  ;  a.id  bridges. 
632  ;  iu  Liiliu  name  wh)  cun- 
cculed  430 

R  iniitta,  307  ;  bis  content  with 
Uemus  319 

Roojs,  Ihrm  of  i7(i 

Ruirrt,  how  t'^ey  sat  432 

RiilituT,  the  first  plcieian  censor 
136 
RiMi.o",  the  boiuidaiy  of  Ca«- 
.    sai''s  province  147 

S 

5,  this  letter  anciently  ns(d  in<- 

stead  Oi  H  228,  230 

Sai  red  i-.Jeo,  343  ;  how  iierlbrm- 

etl  346,  347,  348 

Sarifvir,  346  ;  to  the  d.ud  529 

Sail  ,  invention  of,  431  ;  how 

adjusted  430 

Salr,  much  used  483 

iVv'irej.  whence  named  379 

Saiurn,30.'  ;  festival  of         363 

Sii'urnitiiis,  his  la«,s,  205  ;  slaia 

by  Marios  206  . 

Scenery  of  theati'es  388 

Siipir  AfricauU',      126,  150,  171 

Simica,  kills  '  jb.  Gracchus, 

150  ;  Powtje-v  Maximui    315 
Srilii-   or  notaries  188 

S  osoiu  304 

Srnate,\ii  institution,  2 ;  number, 
ib  prince  01.  3  ;  by  whooi  as- 
senibled .  8  ;  places  and  times 
O;  meeting,  9  ;  ipiorum  ol,  10 ; 
mainer  of  making  a  decree, 
16  ;  form  oi  wiiiing  it,  19 ;  not 
valid,unli:ss  can-.td  to  tlie  trea- 
sury, 20  ;  rarely  reversed,  21 ; 
power  of  the  senate,  ib.  &  22; 
lorce  Ol'  its  decrees,  23  ;  little 
regaidcd  in  the  last  ages  01  the 
republic.  25  ;  apparently  en- 
cri  ased  by.  Augustus  aitd  li- 
berius,  26 ;  as  the  means  of  e<> 
tablishin.g  despotism,  27  ;Judg- 
es  of  crimes  288 

&.««'(;  olGrician  citie.!!  80 

Scnaor  ,  choice  01,  3j  their  age, 
4 ;  ami  ••adge«,  7 ;  oixier  in 
which  t;.ey  were  asked  their 
oxiinion.  12;  manner 01  deliver- 
iiigit.  13,  15,  18;  were  not  to 
he  interrupted,  14 ;  tliwr  pri- 
vileges, 23  ;  their  servility  to 
the  12mperoi-s  :  8I 

Sentence,  lorm  of,  in  civil  trials, 
2-16  ;  in  criminal  trials        285 
Se/Adc,  re-,  where  built,  523  ;  by 
whom  and  how  531 

i«;-!'ii;i.'.v  oi  the  magistrates,  188 
u'  the  priests  343 

Servvuie  ,0,  lauds  56 

S'vvius  Tul'ius,  institutes  the 
Census,  85 ;  made  niany  laws, 
167;  the  first  who  coined  mo- 
ney 535 
Sta-<it/i-,firstple'.  rian  consul,  125 
Slio:l-bf,jut.   art    01,     189,    250; 
quisikncss  of                -         563 
Slives,  kinds  of,  455  ;  for  horses 
457 
Sfii/is.  their  first    Constraction, 
430 ;    difierent  kindi  o  ,  434  ; 
Chi^'f  paits  Ol  a  chip,  435  ;  how 
manned    439 ;  naval  attairs, 
440 ;   manner  of  embarking, 
442 ;  Older  of  1-ntle.  443  ;  rt>^ 


thol  oftranspoitlng  Alps  tty 
Jand,  Pat^e  442  ;  size  oi   trad- 
ing vessels  •144 
StbyllinehoQk%,Zn ;  kei'pers  of 
328 
Sicily,  the  first  country  reduced 
to  tlie  I'orin  oi  a  province     75 
Siciniui,  at  his  insti^iition  the 
plebeians  retire  to  i)/u«-  iV.re' 
114 
Sufe,  iofm  o?                426,  4<;9 
.S/te(e«on,introduced  at  feasts.  496 
Silk,  long  known    beii/ie    silk- 
worms  were iiitrvduc:^. 462. 4fj) 
Sr,  equivalent  to  Dnmvuis  553 
Slrivef,  how  uiade,38;  their  treat- 
ment, 40;  oi  ditfcreiit   kinds, 
42  ;  how  made  iree,  4Z  ;  ilitir 
manumission     restiicitd    by 
law,  45.  j09,  215  ;  puuisiiment 
oi",  292  ;  their  dress,  469  ;  not 
al  owed  to  serve  in  the  army 
but  ill  dangerous   junctures, 
41 ;    such  as  obtrud-  d  them- 
selves, were  sometimes  put  to 

deatii.  392. Slaves  wholriz- 

zled  tiie  hair,  45<y ;  shaved,  468; 
cooked  victuals,  438  ;  carved, 
and  waited  at  table,  ib.  wrote 
letters  and  L'ooks,  Sdi;  watch- 
ed at  the  gate,  567 ;  took  care 
of  the  ylTeum,  574;oithe  bs^l- 
chainber.s,575;  drest  trees,580 ; 
cidtivateti  the  ground,  583, 
593  ;  carried  burdens,  sedans 
and  litters  6M,  601 

Soil,  qualitiesor  a  good         534 
Sul,  304  ;  the  same  with  Mithras 
iO. 
Svt:lifT3,  enlisted,  l,  63,  391 ;  dit- 
terent  kinds  of,  394  ;  divided 
into  different  ranks,  395 ;  their 
arms,  and  dress.  396,  400,  454; 
their    order    and   discipline, 
when     encamped,     406 ;    on 
mavch,407;  in  battle,  408;,iheir 
rew^-ds,    415 ;    punishments, 
423  ;  pay  and  discharge     424 
Soion,  law-giver  o  '  AOiens     167 
Siins,  bow  fi-eed  Crom  the  power 
o!' their  uuher  52 

S'isigrnts,  regidates  the  year  354 
S'jwi-ig,  manner  of  589,  590 

Sl»:Ci2des,  their  hurtful  eitects 
370  &  3:j 
Spurinrcc,  predicts  the  death  of 
Caesar  349 

Sialic  /(iai/i, first  instituted.  379  ; 
chiefly  ot"  three  kinds,  38 1  ;  o.- 
ten  prohibited,  337 ;  Tiici'. 
jiiru  iv.  14,  xiii.  45.  Sue!.  Ner, 
16  Dom.  7.  PUn.  f)nn.  46 

SfogCi,  alon^  the  road  631 

S'amlards,  kinds  oi'         1 55, 410 
S'ipulitionf,  iovm  of       246,  250 
Stirrups,  the  Hoiuans  had  none 
233,  397 
Srockings,  not  worn  by  tlie  Ro- 
mans 454,  463 
Stoici;  whence  named  623 
5'y  e,  old  aud  new          354,355 
Superitinon  olthe  Romans,  94, 
323,  .125,  .i54,  441,  ?iC. 
Suplier,  the  principal  meal,  469  ; 
place  o  ;  473,  575  ;  dress  for, 
482  ;  parts  o!',  48S,  480;  luuiic, 
&C  in  time  of                      489 
Saearing   to  support  whatever 
laws  were  passed,  when  first 
entbrL-wl                          206,213 
,<^yi.'a,  his  choice  of  Senators,  5  ; 
asurpation,  UO,  «n ;  cruelty, 


Pnj;^  211;  encrea?ed  the  num- 
ber o;  thfi^ua'stiones  perpeniw, 
l.)5;  abridges  the  power  of 
the  tribunes,  i5l  ;  his  laws, 
212;  bot.i  rewaixls  and  pun- 
ishes th  slave  o.  Sulpleius  for 
betraying  hjm.  235 ;  why  he 
ordered  his  body  to  be  burnt 
515 
Sjlvanui  307 

T 
Tablet,  475;  ofdifferent  .'brms, 
476  ;  how  consecrated       48 1 
Tirguiniit  t,  king,  expelled,  1 15 ; 
on  what  day  lio 

T«jvv,  various  kinds  of,  68, 69  ; 
remitted  68 

Teei/\  care  o.''  451 

Teinp:e.t,  567,616  ;  onxament  of 
their  iront  and  rooi  576 

Tt;i  J-,  oriu  of  403 

Te.'.tamerir.s-,  how  made  61,6!; 
anciently  made  in  the  Comitia 
Cur/aia  84 

Tmninu!,  his  temple  308 

Thankgivirij^s.  how  made    346 
T.ieatre.i.  at  hrjt  prohibited, 387 ; 
built  by  Scaurus,   ib.    Cuno 
and  Pompey,  tt  &c. 

Tiufi  how  pur.ished  255 

Thuodvi'iiis,    abolishes  the   hea- 
then worship  at  lionie        342 
TAn/^'*,  division  oi  53 

Threshing,  manner  of  502 

J'hrnriufn,  ciu-ious  custom  of, 
233  ;  their  wives  burn  them- 
selves on  tile  piles  oi'  tlieir 
husbanils  526 

rite;  «/j-,  deprived  the  people  of 
the  right  o.  voting,  108  ;  sum 
he  let  tat  Ins  death  543 

Tilei,  tax  laid  on  576 

Ti/a,  Ireednianol'Cicero        189 
Top,  ditleiwit  from  the  Trochus 
478 
Torture,  used  only  on   slaves, 
282;  instrument  of  if>. 

Tova'S,  in  sieges,  427  ;  in  ships 
437 
Toivns.lio-w  attacked,  426  ;  and 
defend!  d  429 

Trcjaii\  pillar  624 

r^ni/?,  not  respected  5,  5,  254; 
hurtful   cousequeiices  of  this 
32 
Tr.'/?«'(/i/,  writers  of     332  &  383 
Trees,  how  propagated  554 

Trials ,  civil,  241  ;  how  con- 
ducted. 242,261 ;  criminal,b  • 
lore  the  people,  270 ;  before 
the  praetors,  274  ;  how  con- 
ducttd  280 

Tribe  <,  thr?e  at  first.  1.  103  ; 
when  encreased,  104  ;  how 
divided  i'l. 

Trrhanitv,  the  chief  of  those 
lawyers  who  composed  the 
Curpujur:^  339 

Tr  buries,  ol'tlie  commons  when 
created,  144;  their  power  at 
first  small,  145 ;  a'terwai-ds  ex- 
orbitant. '46  ;  abridged  bySyl- 
la,  151  ;  in  a  njanner  annihi- 
lated .  y  Julius  Caesai-,  152  ; 
conlt^rrtd  on  Augustus,  ib.  at 
first  nut  adinitte3  into  the  st- 
nate  18 

Trihimts,  mihtar)-,  number  of  in 
a  legion  206.  398 

T/t;)«(/.t,oidifrerent  kinds     329 
Triwnhh,  whence  called,  418  ; 
narkl  uiuuiph  Ait 


Triumviri,  P&i^e  110;  eonrecratf. 

a  temple  and  di\ine  honours 

to  Caesar  i36 

Tr/ip/iies,  use  of  62& 

U 
f7;!ffertafrer, OLiunerals  518,  SIO 
Urni,  how  made  527 

Usurers,  their  cruelty,  49  ;  and. 
art  545 

V 
Valerius  Corvut  125 

Venus,  her  names,  &c.  297 

Verdnt  oi  a  jury  285 

Verret,  said  to  have  been  restor- 
ed from  banishment  by  the  in- 
fluence of  Cicero,  280 ;  cause 
of  his  death  ib. 

Vertumnus  308 

Vesf)risiaii,the  first  whomadelaws 
without  consulting  the  senate, 
27;  the  sura  he  said  was  nc- 
cessai-}'  to  support  the  state  54  3 
rej'c,  the  goddess  of  fire        255 
Vesloi  Virgins  339 

Victims,  white,  from  the  river 
Cliiumnus  350 

Vineyards,  491 ;  how  planted  596 
Villas,  how  laid  out  579 

ViUius,  why  called  Annalis    113 
Virginia,  killed  by  her  father 
168 
Virtues,  worshipped  309 

Vitcllius,  lu.'iury  of  489 

Vomit,  custom  ol'  taking  before 
and  after  supper  ib. 

Vows,  how  ffiade  344 

VuUomis,  298  ;  his  work-shop 
where  ib. 

W 
lVar,\\ov{  pi'oelaimed  3S9 

/Fci^r/.-ruorf',  how  given  405 

IVtalth,  instances  of        542,  543 
JVeeks.  dirision  oi'  time  by,   not 
used  by  the  ancient  Romans 
356 
Weights,   English  and   Roman 
534,  535 
tVife,  properties  of  a  good  one 
570 
lllMds  309, 59? 

WiVif,  manner  of  makhi.g,  492; 
kinds  of,  493  ;  used  to  be  boil- 
ed that  it  might  keep  ib. 
U'l^ve  ses.  iorm  oi  making  them, 
242 ;  diflei-ent  kinds  o!',  282, 
2S3;  how  summoned,  263,  2'6c, 
Women,  excluded  irom  inheri- 
tances,    237  ;    tlieir  clothes, 
446  ;   sh.ies.  456  ;    head-dress, 
459 ;     paint.   460 ;    industry, 
570 ;    apartment   among  the 
Greeks                                 576 
Wood,  used  for  firing              573 
IVri'iug.  n)atenals  for,  SS2,  554  ; 
manner  of                          5i0 
Wii:do-;\:s.  how  mad"              577 
H'heel,  for  raising  water         60* 

Y 
Tear,  how  divided  by  Romulus, 
352  ;  by  Julius    Caesar,   354  ; 
by  pope  Gregory,   i',   by  the 
_A.g)pti»ns  35^ 

Toinig  men,  «t  wha:  age  th>y 
assumed  the  Toga  viriiif,  449 ; 
peculiarity  in  their  manner 
ol'  wearing  it  for  the  first 
year,  450 ;  when  they  began 
to  sliave.  466.  467  ;  consicrat- 
edthe  first  growth  ot  thebeaitJ, 
and  aUo  unrbair,  to  eonxe: 
deity  ib 


THE  PND. 


-  ^^- 


